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What's the answer to this?

A commenter here on Friday noted what appears to be a rather glaring contradiction in the case against Bruce Ivins. In response to criticisms that the FBI's case contains no evidence placing Ivins in New Jersey, where the anthrax letters were sent, The Washington Post published an article -- headlined "New Details Show Anthrax Suspect Away On Key Day" -- which, based on leaks from "government sources briefed on the case," purported to describe evidence about Bruce Ivins' whereabouts on September 17 -- the day the FBI says the first batch of anthrax letters were mailed from a Princeton, New Jersey mailbox. The Post reported:

A partial log of Ivins's work hours shows that he worked late in the lab on the evening of Sunday, Sept. 16, signing out at 9:52 p.m. after two hours and 15 minutes. The next morning, the sources said, he showed up as usual but stayed only briefly before taking leave hours. Authorities assume that he drove to Princeton immediately after that, dropping the letters in a mailbox on a well-traveled street across from the university campus. Ivins would have had to have left quickly to return for an appointment in the early evening, about 4 or 5 p.m.
The fastest one can drive from Frederick, Maryland to Princeton, New Jersey is 3 hours, which would mean that Ivins would have had to have dropped the anthrax letters in the New Jersey mailbox on September 17 by 1 p.m. or -- at the latest -- 2 p.m. in order to be able to attend a 4:00 or 5:00 p.m. meeting back at Ft. Detrick. But had he dropped the letters in the mailbox before 5:00 p.m. on September 17, the letters would have borne a September 17 postmark, rather than the September 18 postmark they bore (letters picked up from that Princeton mailbox before 5 p.m. bear the postmark from that day; letters picked up after 5 p.m. bear the postmark of the next day). That's why the Search Warrant Affidavit (.pdf) released by the FBI on Friday said this (page 8):

If the Post's reporting about Ivins' September 17 activities is accurate -- that he "return[ed to Fort Detrick] for an appointment in the early evening, about 4 or 5 p.m." -- then that would constitute an alibi, not, as the Post breathlessly described it, "a key clue into how he could have pulled off an elaborate crime," since any letter he mailed that way would have a September 17 -- not a September 18 -- postmark. Just compare the FBI's own definition of "window of opportunity" to its September 17 timeline for Ivins to see how glaring that contradiction is.

In theory (and there is no evidence for this at all), Ivins could have left Fort Detrick that night after work and driven to New Jersey, but then the leaked information reported by the Post about Ivins' September 17 morning "administrative leave" would be completely irrelevant, and according to the Post, that isn't what the FBI believes occurred ("Authorities assume that he drove to Princeton immediately after" he took administrative leave in the morning). The FBI's theory as to how and when Ivins traveled to New Jersey on September 17 and mailed the letters is simply impossible, given the statement in their own Probable Cause Affidavit as to "the window of opportunity" the anthrax attacker had to mail the letters in order to have them bear a September 18 postmark. Marcy Wheeler and Larisa Alexandrovna have now noted the same discrepancy. That is a pretty enormous contradiction in the FBI's case.

* * * * *

The FBI's total failure to point to a shred of evidence placing Ivins in New Jersey on either of the two days the anthrax letters were sent is a very conspicuous deficiency in its case. It's possible that Ivins was able to travel to Princeton on two occasions in three weeks without leaving the slightest trace of having done so (not a credit card purchase, ATM withdrawal, unusual gas purchases, nothing), but that relies on a depiction of Ivins as a cunning and extremely foresightful criminal, an image squarely at odds with most of the FBI's circumstantial evidence that suggests Ivins was actually quite careless, even reckless, in how he perpetrated this crime (spending unusual amounts of time in his lab before the attacks despite knowing that there would be a paper trail; taking an "administrative leave" from work to go mail the anthrax letters rather than just doing it on the weekend when no paper trail of his absence would be created; using his own anthrax strain rather than any of the other strains to which he had access at Fort Detrick; keeping that strain in its same molecular form for years rather than altering it, etc.).

The FBI dumped a large number of uncorroborated conclusions at once on Wednesday, carefully assembled to create the most compelling case they could make, and many people -- as intended -- jumped to proclaim that it was convincing. But the more that case is digested and assessed, the more questions and the more skepticism seem to arise among virtually everyone.

The Washington Post Editorial page -- the ultimate establishment organ -- published its second Editorial yesterday calling for an independent investigation of the FBI's case against Ivins and pointed out just some of the numerous, critical holes in that case:

The case is admittedly circumstantial, and questions have been raised about the reliability of the FBI's scientific evidence, the inability to tie Mr. Ivins to the handwritten notes included with the mailed anthrax, the process by which the FBI excluded as suspects others who had access to the anthrax, and more.
The NYT today has an excellent Op-Ed from a microbiologist (the former Chief of Fort Detrick's bacteriology division) pointing out the numerous deficiencies in the FBI's scientific assertions. Critically, that Op-Ed describes the properties of the high-grade anthrax sent to Sen. Daschle and then notes: "It is extremely improbable that this type of preparation could ever have been produced at Fort Detrick, certainly not of the grade and quality found in that envelope."

The transcript of my interview with Dr. Gigi Gronvall of the Center for Biosecurity at the University of Pittsburgh's Medical Center -- in which she points out the complete lack of scientific data presented in the FBI's public case and explores the numerous other private and public institutions around the world engaged in high-level anthrax research -- is now available here. A senior epidemiologist who posts at ScienceBlogs has raised several other significant deficiencies in the FBI's scientific case -- here and here -- while a microbiologist and evolutionary biologist at the same site has expressed extreme doubt about one of the FBI's key molecular claims, here. Are there any scientists anywhere who find the FBI's claims impressive or convincing?

For those inclined to place faith in the FBI's professed claims of "confidence" as coming from a trustworthy and admirable institution -- the same way people placed faith in the Honorable Colin Powell's quite similar one-sided, selective disclosure of evidence before the U.N. in 2003 -- this ought to serve as a reminder of the foolishness of doing so, from ABC News' World News Tonight, October 22, 2002:

PETER JENNINGS, ABC NEWS

(Off Camera) We have an exclusive report tonight about the anthrax attacks. It has been a year since the anthrax letters were sent to a number of media organizations and politicians. And as you may recall, five people died.

(Voice Over)The FBI tells ABC News it is very confident that it has found the person responsible.

PETER JENNINGS (CONTINUED)

(Off Camera) ABC's Brian Ross is here. Brian? Same case, same individual.

BRIAN ROSS, ABC NEWS

(Off Camera) That's right, Peter, Steven Hatfill. And while there's no direct evidence, authorities say they are building what they describe as a growing case of circumstantial evidence.

There are so many people with motives far more substantial than Ivins' to perpetrate an anthrax attack of this sort, and so many places other than Fort Detrick where this anthrax could have been produced (if it could have been produced by Ivins at Fort Detrick at all). An independent investigation by a body with meaningful subpoena power and an aggressive and respected investigator (and an accompanying law making it a felony to provide misleading information to, or to withhold information from, that body) is imperative. Is there anyone at this point who disagrees with that?

* * * * *

Beginning tomorrow, August 11, I'll be on vacation and thus, absent some highly unanticipated event, won't be blogging for the week (until August 18). The Radio Show podcasts, however, will be posted here this week as scheduled -- Monday, Wednesday and Friday at 2:00 p.m. EST [at least one of those segments will entail a discussion of Friday's Accountability Money Bomb, along with the short-term and longer-term plans for Accountability Now. Friday's Money Bomb raised in excess of $150,000 (and counting), bringing the total raised around these civil liberties and Constitutional issues, when combined with the Blue America FISA/telecom immunity funds raised in the last couple months, to more than $500,000].

-- Glenn Greenwald

What if the Uighurs were Christian rather than Muslim?
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The NYT calls Iranian interrogation tactics "torture"
Techniques which the paper refuses to call "torture" when used by the U.S. magically transform when used by others.
Salon Radio: Charlie Savage on Obama's civil liberties record
The NYT reporter explains the many similarities between Obama's Terrorism policies and Bush's.
The still-growing NPR "torture" controversy
The media outlet's use of Bush euphemisms sparks a much-needed debate on journalistic standards.

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