Column: Public Hearing on Anthrax Case May be Inevitable

Allan Lengel
By Allan Lengel
ticklethewire.com

WASHINGTON — Though the FBI and Justice Department are thoroughly convinced that scientist Bruce Ivins mailed the deadly anthrax letters in 2001, it seems almost inevitable now that some very costly and protracted public hearing will be conducted to review the whole case.  Unfortunately, Ivins killed himself in July 2008 before any charges could be filed against him.

The case once again came alive on Tuesday when the National Research Council released a 170-page report commissioned by the FBI that showed that the Justice Department and FBI  overstated their case when they definitively concluded that the anthrax used in the deadly mailings came from a flask from Ivins’  government laboratory at Fort Detrick in Maryland labeled RMR-1029. The report said it could not rule out other possible sources.

“The scientific link between the letter material and flask number RMR-1029 is not as conclusive as stated in the DOJ Investigative Summary,” the report said.

However, Lehigh University President Alice P. Gast, who led the 16-member National Research Council Committee that reviewed the cutting-edge science used in the investigation, said: “We find the scientific evidence to be consistent with their conclusions but not as definitive as stated.”

Unfortunately,  the study only examined  the sciences in the investigation and didn’t taken into account other key aspects — interviews, the behavior of Ivins, fingerprints, etc. And it avoided at all costs the thing everyone really wanted it to do: Say whether Ivins was the guy.

I spoke to folks on Tuesday at the FBI and Justice Department who insist, in totality, the evidence against Ivins is overwhelming, that the science was only a component of the investigation.

But I also spoke to Ivins attorney Paul Kemp who insisted the study showed the government’s smoking gun — the flask —  was merely smoke and mirrors. He wants a public review, possibly a Congressional hearing.

Sen. Chuck Grassley  (R-Ia.) chimed in on Tuesday and insisted it was time for a public review as did Rep. Rush Holt (D-N.J).

It may not be what the FBI and Justice Department want. But they may have no say in the matter. The cries of the skeptics may be too much too ignore. And maybe a hearing would satisfy the skeptics — and maybe not.

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