during their Amerithrax investigation and ADVO, Inc. Authorities traveled to six continents, interviewed over 9,000 people, conducted 67 searches and issued over 6,000 subpoenas. "Hundreds of FBI personnel worked the case at the outset, struggling to discern whether the Sept. 11 al-Qaeda attacks and the anthrax murders were connected before eventually concluding that they were not".
Anthrax archive destroyed The FBI and
Centers for Disease Control and Prevention (CDC) both gave permission for
Iowa State University to destroy the Iowa anthrax archive and the archive was destroyed on October 10 and 11, 2001.
Al-Qaeda and Iraq blamed for attacks Immediately after the anthrax attacks,
White House officials pressured FBI Director
Robert Mueller to publicly blame
al-Qaeda following the
September 11 attacks. During the president's morning intelligence briefings, Mueller was "beaten up" for not producing proof that the killer spores were the handiwork of
Osama bin Laden, according to a former aide. "They really wanted to blame somebody in the Middle East," the retired senior FBI official stated. The FBI knew early on that the anthrax used was of a consistency requiring sophisticated equipment and was unlikely to have been produced in "some cave". At the same time, President Bush and Vice President Cheney in public statements speculated about the possibility of a link between the anthrax attacks and al-Qaeda.
The Guardian reported in early October that American scientists had implicated Iraq as the source of the anthrax, and the next day
The Wall Street Journal editorialized that al-Qaeda perpetrated the mailings, with Iraq the source of the anthrax. A few days later,
John McCain suggested on the
Late Show with David Letterman that the anthrax may have come from Iraq, and the next week
ABC News did a series of reports stating that three or four (depending on the report) sources had identified
bentonite as an ingredient in the anthrax preparations, implicating Iraq. Statements by the White House Nonetheless, a few journalists repeated ABC's bentonite report for several years, even after the invasion of Iraq proved there was no involvement. In an interview with
Hamid Mir, Osama bin Laden denied any knowledge of the Anthrax attacks.
"Person of interest" Barbara Hatch Rosenberg, a molecular biologist at the
State University of New York at Purchase and chairwoman of a biological weapons panel at the
Federation of American Scientists, and others began claiming that the attack might be the work of a "rogue CIA agent" in October 2001, as soon as it became known that the Ames strain of anthrax had been used in the attacks, and she told the FBI the name of the "most likely" person. On November 21, 2001, she made similar statements to the Biological and Toxic Weapons convention in Geneva. In December 2001, she published "A Compilation of Evidence and Comments on the Source of the Mailed Anthrax" via the website of the
Federation of American Scientists (FAS), claiming that the attacks were "perpetrated with the unwitting assistance of a sophisticated government program". In Rosenberg's assessment, the suspect(s) must have had "the right skills, experience with anthrax, up-to-date anthrax vaccination, forensic training and access to USAMRIID and its biological agents". stating "I think I know who sent out the anthrax last fall". For months, Rosenberg gave speeches and stated her beliefs to many reporters from around the world. She posted "Analysis of the Anthrax Attacks" to the FAS website on January 17, 2002. On February 5, 2002, she published "Is the FBI Dragging Its Feet?". In response, the FBI stated, "There is no prime suspect in this case at this time".
The Washington Post reported, "FBI officials over the last week have flatly discounted Dr. Rosenberg's claims". On June 13, 2002, Rosenberg posted "The Anthrax Case: What the FBI Knows" to the FAS site. On June 18, 2002, she presented her theories to Senate staffers working for Senators Daschle and Leahy. On June 25, the FBI publicly searched
Steven Hatfill's apartment, and he became a household name. "The FBI also pointed out that Hatfill had agreed to the search and is not considered a suspect".
The American Prospect and
Salon.com reported, "Hatfill is not a suspect in the anthrax case, the FBI says". On August 3, 2002, Rosenberg told the media that the FBI asked her if "a team of government scientists could be trying to frame Steven J. Hatfill". In August 2002, Attorney General
John Ashcroft labeled Hatfill a "
person of interest" in a press conference, though no charges were brought against him. Hatfill is a
virologist, and he vehemently denied that he had anything to do with the anthrax mailings and sued the FBI, the Justice Department, Ashcroft,
Alberto Gonzales, and others for violating his constitutional rights and for violating the Privacy Act. On June 27, 2008, the Department of Justice announced that it would settle Hatfill's case for $5.8 million. Hatfill also sued
The New York Times and its columnist Kristof, as well as
Donald Foster,
Vanity Fair, ''
Reader's Digest, and Vassar College for defamation. The case against The New York Times'' was initially dismissed, but it was reinstated on appeal. The dismissal was upheld by the appeals court on July 14, 2008, on the basis that Hatfill was a public figure and malice had not been proven. The Supreme Court rejected an appeal on December 15, 2008. Hatfill's lawsuits against
Vanity Fair and ''Reader's Digest'' were settled out of court in February 2007, but no details were made public. The statement released by Hatfill's lawyers
Rush D. Holt Jr. represented the district where the anthrax letters were mailed, and he said that circumstantial evidence was not enough and asked FBI director
Robert S. Mueller to appear before Congress to provide an account of the investigation. Ivins' death left two unanswered questions. Scientists familiar with germ warfare said that there was no evidence that he had the skills to turn anthrax into an inhalable powder. Alan Zelicoff aided the FBI investigation, and he stated: "I don't think a vaccine specialist could do it... This is aerosol physics, not biology". W. Russell Byrne worked in the bacteriology division of the Fort Detrick research facility. He said that Ivins was "hounded" by FBI agents who raided his home twice, and he was hospitalized for
depression during that time. According to Byrne and local police, Ivins was removed from his workplace out of fears that he might harm himself or others. "I think he was just psychologically exhausted by the whole process," Byrne said. "There are people who you just know are ticking bombs. He was not one of them". On August 6, 2008, federal prosecutors declared Ivins the sole perpetrator of the crime when US Attorney
Jeffrey A. Taylor laid out the case to the public. "The genetically unique parent material of the anthrax spores... was created and solely maintained by Dr. Ivins". But other experts disagreed, including biological warfare and anthrax expert Meryl Nass, who stated: "Let me reiterate: no matter how good the microbial forensics may be, they can only, at best, link the anthrax to a particular strain and lab. They
cannot link it to any individual". At least 10 scientists had regular access to the laboratory and its anthrax stock, and possibly quite a few more, counting visitors from other institutions and workers at laboratories in Ohio and New Mexico that had received anthrax samples from the flask. The FBI later claimed to have identified 419 people at Fort Detrick and other locations who had access to the lab where flask RMR-1029 was stored, or who had received samples from flask RMR-1029.
Mental health issues Ivins told a
mental health counselor more than a year before the anthrax attacks that he was interested in a young woman who lived out of town and that he had "mixed poison" which he took with him when he went to watch her play in a soccer match. "If she lost, he was going to poison her," said the counselor, who treated Ivins at a Frederick clinic four or five times in mid-2000. She said that Ivins emphasized that he was a skillful scientist who "knew how to do things without people finding out". The counselor was so alarmed by his emotionless description of a specific, homicidal plan that she immediately alerted the head of her clinic and a psychiatrist who had treated Ivins, as well as the Frederick Police Department. She said that the police told her that nothing could be done because she did not have the woman's address or last name. In 2008, Ivins told a different therapist that he planned to kill his co-workers and "go out in a blaze of glory". That therapist stated in an application for a restraining order that Ivins had a "history dating to his graduate days of homicidal threats, actions, plans, threats and actions towards therapists". Dr. David Irwin, his
psychiatrist, called him "homicidal, sociopathic with clear intentions".
Evidence of consciousness of guilt According to the report on the Amerithrax investigation published by the Department of Justice, Ivins engaged in actions and made statements that indicated a consciousness of guilt. He took environmental samples in his laboratory without authorization and decontaminated areas in which he had worked without reporting his activities. He also threw away a book about secret codes, which described methods similar to those used in the anthrax letters. Ivins threatened other scientists, made equivocal statements about his possible involvement in a conversation with an acquaintance, and put together outlandish theories in an effort to shift the blame for the anthrax mailings to people close to him. According to the Department of Justice, flask RMR-1029, which was created and controlled by Ivins, was used to create "the murder weapon". In 2002, researchers did not believe it was possible to distinguish between anthrax variants. In February 2002, Ivins volunteered to provide samples from several variants of the Ames strain in order to compare their morphs. He submitted two test tube "slants" each from four samples of the Ames strain in his collection. Two of the slants were from flask RMR-1029. Although the slants from flask RMR-1029 were later reported to be a positive match, all eight slants were reportedly in the wrong type of test tube and would therefore not be usable as evidence in court. On March 29, 2002, Ivins' boss instructed Ivins and others in suites B3 and B4 on how to properly prepare slants for the FBI Repository. The subpoena also included instructions on the proper way to prepare slants. When Ivins was told that his February samples did not meet FBIR requirements, he prepared eight new slants. The two new slants prepared from flask RMR-1029 submitted in April by Ivins did not contain the mutations that were later determined to be in flask RMR-1029. It was reported that in April 2004, Henry Heine found a test tube in the lab containing anthrax and contacted Ivins. to his social worker
Jean Duley on July 11 and 12.
Alleged hidden texts In the letters sent to the media, the characters 'A' and 'T' were sometimes emboldened or highlighted by tracing over, according to the FBI suggesting that the letters contained a hidden code. Some believe the letters to the
New York Post and Tom Brokaw contained a "hidden message" in such highlighted characters. Below is the media text with the highlighted As and Ts: :09-11-01 :
THIS IS NEX
T :
TAKE PEN
ACILIN NOW :DE
ATH
TO AMERICA :DEATH
TO ISRAEL :
ALLAH IS GREA
T According to the FBI, Summary Report issued on February 19, 2010, following the search of Ivins' home, cars, and office on November 1, 2007, investigators began examining his trash. According to the FBI Summary Report, "[w]hen they lifted out just the bolded letters, investigators got TTT AAT TAT – an apparent hidden message". The 3-letter groups are codons, "meaning that each sequence of three nucleic acids will code for a specific amino acid". Examples: • None of the intended recipients of the letters were infected. • The seams on the backs of the envelopes were taped over as if to make certain the powders could not escape through open seams. • The letters were folded with the "pharmaceutical fold", which was used for centuries to safely contain and transport doses of powdered medicines (and currently to safely hold trace evidence). • The media letters provided "medical advice": "TAKE PENACILIN NOW". • The Senate letters informed the recipient that the powder was anthrax: "WE HAVE THIS ANTHRAX". • At the time of the mailings, it was generally believed that such powders could not escape from a sealed envelope except through the two open corners where a letter opener is inserted, which had been taped shut. In June 2008, Ivins was
involuntarily committed to a psychiatric hospital. The FBI stated that during a June 5 group therapy session there, Ivins had a conversation with an unnamed witness, during which he made a series of statements about the anthrax mailings that the FBI said could best be characterized as "
non-denial denials".
Doubts about FBI conclusions After the
FBI announced that Ivins acted alone, many people with a broad range of political views, some of whom were colleagues of Ivins, expressed doubts. Reasons cited for these doubts include that Ivins was only one of 100 people who could have worked with the vial used in the attacks and that the FBI could not place him near the New Jersey mailbox from which the anthrax was mailed. The FBI's own genetic consultant, Claire Fraser-Ligget, stated that the failure to find any anthrax spores in Ivins' house, vehicle or on any of his belongings seriously undermined the case. More than 200 colleagues attended his memorial service following his death. Alternative theories proposed include FBI incompetence, that
Syria or
Iraq directed the attacks, or that similar to some
9/11 conspiracy theories the US government knew in advance that the attacks would occur. On September 17, 2008, Senator Patrick Leahy told FBI Director Robert Mueller during testimony before the Judiciary Committee which Leahy chairs, that he did not believe Army scientist Bruce Ivins acted alone in the 2001 anthrax attacks, stating: In 2011 Leahy maintained to the
Washington Post that the attacks had certainly involved other "people who at the very least were accessories after the fact," and also found it "strange that one person would target such an odd collection of media and political figures".
Tom Daschle, the other Democratic senator targeted, believes Ivins was the sole culprit. Although the FBI matched the genetic origin of the attack spores to the spores in Ivins' flask RMR-1029, the spores within that flask did not have the same silicon chemical "fingerprint" as the spores in the attack letters. The implication is that spores taken out of flask RMR-1029 had been used to grow
new spores for the mailings. On April 22, 2010, the
U.S. National Research Council, the operating arm of the National Academy of Sciences, convened a review committee that heard testimony from Henry Heine, a microbiologist who was formerly employed at the Army's biodefense laboratory in Maryland where Ivins had worked. Heine told the panel that it was impossible that the deadly spores had been produced undetected in Ivins' laboratory, as maintained by the FBI. He testified that at least a year of intensive work would have been required using the equipment at the army lab to produce the quantity of spores contained in the letters and that such an intensive effort could not have escaped the attention of colleagues. Heine also told the panel that lab technicians who worked closely with Ivins have told him they saw no such work. He stated further that biological containment measures where Ivins worked were inadequate to prevent Anthrax spores from floating out of the laboratory into animal cages and offices. "You'd have had dead animals or dead people," Heine said. According to Science Magazine, "Heine caveated his remarks by saying that he himself had no experience making anthrax stocks". Science magazine provides additional comments by Adam Driks of Loyola who stated that the amount of anthrax in the letters could be made in "a number of days". Emails by Ivins state, "We can presently make 1 X 10^12 [one trillion] spores per week." And
The New York Times reported on May 7, 2002, that the Leahy letter contained .871 grams of anthrax powder [equivalent to 871 billion spores] In a technical article to be published in the
Journal of Bioterrorism & Biodefense in 2011, three scientists argued that the preparation of the spores did require a high level of sophistication, contrary to the position taken by federal authorities that the material would have been unsophisticated. The paper is largely based on the high level of
tin detected in tests of the mailed anthrax, and the tin may have been used to encapsulate the spores, which required processing not possible in laboratories to which Ivins had access. According to the scientific article, this raises the possibility that Ivins was not the perpetrator or did not act alone. Earlier in the investigation, the FBI had named tin as a substance "of interest" but the final report makes no mention of it and fails to address the high tin content. The chairwoman of the
National Academy of Sciences panel that reviewed the FBI's scientific work and the director of a separate review by the
Government Accountability Office said that the issues raised by the paper should be addressed. Other scientists, such as Johnathan L. Kiel, a retired Air Force scientist who worked on anthrax for many years, did not agree with the authors' assessments — saying that the tin might be a random contaminant rather than a clue to complex processing. A spokesman for the Justice Department said in 2011 that the investigators continue to believe that Ivins acted alone.
Congressional oversight Congressman
Rush Holt, whose district in New Jersey includes a mailbox from which anthrax letters are believed to have been mailed, called for an investigation of the anthrax attacks by Congress or by an independent commission he proposed in a bill entitled the Anthrax Attacks Investigation Act (H.R. 720). Other members of Congress have also called for an independent investigation. An official of the U.S. administration said in March 2010 that President Barack Obama probably would veto legislation authorizing the next budget for U.S. intelligence agencies if it called for a new investigation into the 2001 anthrax attacks, as such an investigation "would undermine public confidence" in an FBI probe. In a letter to congressional leaders,
Peter Orszag, the director of the
Office of Management and Budget at the time, wrote that an investigation would be "duplicative", and expressed concern about the appearance and precedent involved when Congress commissions an agency Inspector General to replicate a criminal investigation, but did not list the anthrax investigation as an issue that was serious enough to advise the President to veto the entire bill.
National Academy of Sciences review In what appears to have been a response to lingering skepticism, on September 16, 2008, the FBI asked the
National Academy of Sciences (NAS) to conduct an independent review of the scientific evidence that led the agency to implicate U.S. Army researcher Bruce Ivins in the anthrax letter attacks of 2001. In mid-2009, the NAS committee held public sessions, in which presentations were made by scientists, including scientists from the FBI laboratories. In September 2009, scientists, including
Paul Keim of Northern Arizona University, Joseph Michael of Sandia National Laboratory and Peter Weber of Lawrence Livermore National Laboratory, presented their findings. In one of the presentations, scientists reported that they did not find any silica particles on the outside of the spores (i.e., there was no "weaponization"), and that only some of the spores in the anthrax letters contained
silicon inside their spore coats. One of the spores was still inside the "mother germ", yet it already had silicon inside its spore coat. In October 2010, the FBI submitted materials to NAS that it had not previously provided. Included in the new materials were results of analyses performed on environmental samples collected from an overseas site. Those analyses yielded evidence of the Ames strain in some samples. NAS recommended a review of those investigations. The report also challenged the FBI and U.S. Justice Department's conclusion that a single-spore batch of anthrax maintained by Ivins at his laboratory at Fort Detrick in Maryland was the parent material for the spores in the anthrax letters.
Government Accountability Office A study by the
United States Government Accountability Office found shortcomings in the FBI's testing methods. In particular, according to the GAO analysis, the FBI's testing method lacked an understanding of the conditions that enable genetic mutations, which is necessary to differentiate between anthrax samples; the FBI failed to institute rigorous controls over the anthrax sampling procedures; and the FBI failed to include measures of uncertainty, which is important for accurate statistical interpretation of testing results. == Aftermath ==