Scientia Press

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.

The 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.

[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.]

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.

As 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.