Published: Thursday 13 December 2012
As he now faces 22 counts in a court martial that could land him in prison for the rest of his life, his lawyer argued in court that the case should be thrown out, based on his unlawful pretrial punishment.

 

Pfc. Bradley Manning was finally allowed to speak publicly, in his own defense, in a preliminary hearing of his court-martial. Manning is the alleged source of the largest intelligence leak in U.S. history. He was an intelligence analyst in the U.S. Army, with top-secret clearance, deployed in Iraq. In April 2010, the whistle-blower website WikiLeaks released a U.S. military video of an Apache helicopter in Baghdad killing a dozen civilians below, including two Reuters employees, a videographer and his driver. One month after the video was released, Manning was arrested in Iraq, charged with leaking the video and hundreds of thousands more documents. Thus began his ordeal of cruel, degrading imprisonment in solitary confinement that many claim was torture, from his detention in Kuwait to months in the military brig in Quantico, Va. Facing global condemnation, the U.S. military transferred Manning to less-abusive detention at Fort Leavenworth, Kan.

As he now faces 22 counts in a court martial that could land him in prison for the rest of his life, his lawyer argued in court that the case should be thrown out, based on his unlawful pretrial punishment.

Veteran constitutional attorney Michael Ratner was in the courtroom at Fort Meade, Md., that day Manning took the stand. He described the scene: “It was one of the most dramatic courtroom scenes I’ve ever been in. ... When Bradley opened his mouth, he was not nervous. The testimony was incredibly moving, an emotional roller coaster for all of us, but particularly, obviously, for Bradley and what he went through. But it was so horrible what happened to him ...

Published: Sunday 2 December 2012
Published: Monday 12 November 2012
“Family members of soldiers who die in war are entitled to casualty reports if they request them. That fact did not help Jim Butler.”

The day after Jim Butler learned his son had died in Iraq in 2003, a U.S. Army casualty officer showed up at the family's small ranch to explain what happened.

Your son was hit by a rocket-propelled grenade in the city of As Samawah, the officer said. But he had no other details to offer, nothing about how the fighting came about or what Sgt. Jacob Butler was doing when he was killed. For the grieving father, it wasn't enough. The question of how Jake died gripped him in the days after, in part because he'd made an unusual promise before his son left: If you are killed, I will go and stand where you fell.

So Butler made a simple request to the Army — for Jake's casualty report. Rules require one when soldiers are killed in a war zone. Unit commanders are supposed to create and maintain them, along with numerous other field records.

"They said, 'We'll have to see,'" Butler recalled, "because one should have been made."

Nine years later, Butler is still waiting for a report he may never get. As  READ FULL POST 2 COMMENTS

Published: Thursday 8 November 2012
Accused U.S. army whistleblower is willing to plead partially guilty if the government is willing to pursue lesser charges.

Accused U.S. Army whistleblower Bradley Manning has offered to submit a partial guilty plea on charges of leaking classified documents to WikiLeaks in return for the government agreeing to pursue lesser charges. Manning’s attorney David Coombs says he is prepared to plead guilty to some of the charges, but not the entire case as a whole. Manning is reportedly ready to admit to leaking the documents to WikiLeaks, but is refusing to plead guilty to the charges of espionage or aiding the enemy. He has been held in military custody since May 2010 following his arrest while serving in Iraq. We are joined by Denver Nicks, author of the book, "Private: Bradley Manning, WikiLeaks, and the Biggest Exposure of Official Secrets in American History."

Published: Thursday 9 August 2012
“It’s the consensus, not the gridlock, that’s the problem.”

Another mass murder, another shooting spree, leaving bodies bullet-riddled by a legally obtained weapon. This time, it was Oak Creek, Wis., at a Sikh temple, as people gathered for their weekly worship. President Barack Obama said Monday, “I think all of us recognize that these kinds of terrible, tragic events are happening with too much regularity for us not to do some soul-searching.” Amidst the carnage, platitudes. With an average of 32 people killed by guns in this country every day—the equivalent of five Wisconsin massacres per day—both major parties refuse to deal with gun control. It’s the consensus, not the gridlock, that’s the problem.

The president’s press secretary, Jay Carney, said, “We need to take common-sense measures that protect Second Amendment rights and make it harder for those who should not have weapons under existing law from obtaining weapons.” It’s important to note where Jay Carney made that point, reiterating the phrase “common sense” five times in relation to the President’s intransigence against strengthening gun laws, and invoking “Second Amendment” a stunning eight times. He spoke from the James S. Brady Press Briefing Room in the White House, named after one of Mr. Carney’s predecessors, shot in the head by John Hinckley during the attempted assassination of President Ronald Reagan in 1981. Brady survived and co-founded with his wife the Brady Campaign to Prevent Gun Violence. After each of these massacres, the Brady Campaign has called for strengthened gun control.

This latest mass ...

Published: Thursday 14 June 2012
“This year’s GPI suggests that an entirely peaceful world would have had a positive net impact of some nine trillion dollars.”

Countering a two-year trend, the world overall became slightly more peaceful over the past year, according to an annual report released here on Tuesday.

The United States, however, moved down seven places to 88 out of 158, a “fairly low rank (that) largely reflects much higher levels of militarisation and involvement in external conflicts”, according to the Global Peace Index (GPI) 2012.

The report notes that although U.S. military expenditure “declined sharply” between 1991 and 2000, it “has now returned to Cold War levels”. Worryingly, the GPI finds that higher military expenditure (as a percentage of overall gross domestic product) correlates with lower levels of peace.

The U.S. also continues to score among the highest in the world on the proportion of its population in jail. (A U.S.-specific Peace Index was ...

Published: Saturday 9 June 2012
“In many ways Bradley Manning's story is the story of the United States in the post-9/11 era.”

The new book, "Private: Bradley Manning, WikiLeaks, and the Biggest Exposure of Official Secrets in American History," tracks Manning's trajectory from growing up as a gay teen in small-town Oklahoma to joining the U.S. Army, where he found success as an intelligence analyst before being charged with the largest U.S. intelligence breach on record. We speak with the book's author, Denver Nicks. "In many ways Bradley Manning's story is the story of the United States in the post-9/11 era," Nicks says. "[His] life is sort of quintessentially American, in that he's gay at a time when gay rights goes mainstream; he joins the Army, and as an intelligence analyst no less, at a time when the national security state really starts to metastasize into something that we have never seen before ... We have more people with more access to more secret information than ever before, while we are living in the post 9/11 era of foreign policy conducted, as Dick Cheney said, in the shadows. We are more dependent than ever on leaks to know what our government is doing. Leaks are not only inevitable, but necessary ... Bradley Manning had access to an extraordinary amount of classified information -- more, in fact, than he leaked."

 

Transcript

Published: Saturday 17 March 2012
“The new facility will feature research on biolevel 3 and 4 viruses - some without any known cures - and other potentially dangerous materials, though department officials have downplayed any potential threats.”

The Department of Homeland Security (DHS) is set to begin construction on a new high-risk bio-weapons research facility on the campus of Kansas State University in Manhattan, though critics say the decision is fraught with risk because of the potential for damage from nearby earthquake fault lines.

 

In a statement on its Web site, DHS said it needs the new facility to replace an aging one located That facility, known as thePlum Island Animal Disease Center, has been in operation since 1954 and is nearing the end of its useful life.

 

According to the department, $54 million has been approved for the construction of the proposed National Bio and Agro-Defense Facility.  The new facility will feature research on bio level 3 and 4 viruses - some without any known cures - and other potentially dangerous materials, though department officials have downplayed any potential threats.

 

The problem, critics say, is the location and the inherent seismic and weather-related disasters that could befall the facility, wreaking havoc on the surrounding population and beyond - issues the government seems to be downplaying.


Painting lipstick on a pig

 

"The United States works on the frontline of livestock animal health research to defend against foreign animal, emerging, and zoonotic diseases that could threaten the U.S. livestock industry, food supply, and public health," says Homeland Security Under Secretary for Science and Technology Tara O'Toole, in a departmental risk assessment posted online.  "To address congressional requirements, this detailed, updated risk assessment reaffirms that we can build a safe and secure facility to meet this important mission."

 

The department contends ...

Published: Thursday 15 March 2012
“The violence doesn’t just happen in the war zone. Back in the U.S., the wounds of war are manifesting in increasingly cruel ways.”

We may never know what drove a U.S. Army staff sergeant to head out into the Afghan night and allegedly murder at least 16 civilians in their homes, among them nine children and three women. The massacre near Belambai, in Kandahar, Afghanistan, has shocked the world and intensified the calls for an end to the longest war in U.S. history. The attack has been called tragic, which it surely is. But when Afghans attack U.S. forces, they are called “terrorists.” That is, perhaps, the inconsistency at the core of U.S. policy, that democracy can be delivered through the barrel of a gun, that terrorism can be fought by terrorizing a nation.

“I did it,” the alleged mass murderer said as he returned to the forward operating base outside Kandahar, that southern city called the “heartland of the Taliban.” He is said to have left the base at 3 a.m. and walked to three nearby homes, methodically killing those inside. One farmer, Abdul Samad, was away at the time. His wife, four sons, and four daughters were killed. Some of the victims had been stabbed, some set on fire. Samad told The New York Times, “Our government told us to come back to the village, and then they let the Americans kill us.”

The massacre follows massive protests against the U.S. military’s burning of copies of the Quran, which followed the video showing U.S. Marines urinating on the corpses of Afghans. Two years earlier, the notorious “kill team” of U.S. soldiers that murdered Afghan civilians for sport, posing for gruesome photos with the corpses and cutting off fingers and other body parts as trophies, also was based near Kandahar.

In response, Defense Secretary Leon Panetta rolled out a string of cliches, reminding us that “war is hell.” Panetta visited Camp Leatherneck in Helmand province, near Kandahar, ...

Published: Saturday 25 February 2012
“Human rights’ advocates rightly point out that solitary confinement is designed to break down people mentally. Because of that, prolonged solitary confinement is internationally recognized as a form of torture.”

Today US Army Private Bradley Manning is to be formally charged with numerous crimes at Fort Meade, Maryland.   Manning, who was nominated for the Nobel Peace Prize by members of the Icelandic Parliament, is charged with releasing hundreds of thousands of documents exposing secrets of the US government to the whistleblower website Wikileaks. These documents exposed lies, corruption and crimes by the US and other countries.  The Bradley Manning defense team points out accurately that much of what was published by Wikileaks was either not actually secret or should not have been secret.

The Manning prosecution is a tragic miscarriage of justice.  US officials are highly embarrassed by what Manning exposed and are shooting the messenger.  As Glen Greenwald, the terrific Salon writer, has observed, President Obama has prosecuted more whistleblowers for espionage than all other presidents combined.

One of the most outrageous parts of the treatment of Bradley Manning is that the US kept him in illegal and torturous solitary confinement conditions for months at the Quantico Marine base in Virginia.  Keeping Manning in solitary confinement sparked challenges from many groups including Amnesty International, Human Rights Watch, the Center for Constitutional Rights, the ACLU and the New York Times. 

Human rights’ advocates rightly point out that solitary confinement is designed to break down people mentally.  Because of that, prolonged solitary confinement is internationally recognized as a form of torture.  The conditions and practices of isolation are in violation of the Universal Declaration of Human Rights, the UN Convention against Torture, and the UN Convention on the Elimination of all forms of Discrimination.

Medical experts say that after 60 days in solidary peoples’ mental state begins to break down.  That means a person will start to experience panic, anxiety, confusion, ...

Published: Thursday 16 February 2012
“The number of U.S. military deaths in Afghanistan approaches 2,000, which is about the number of civilians killed there annually.”

Eight youths, tending their flock of sheep in the snowy fields of Afghanistan, were exterminated last week by a NATO airstrike. They were in the Najrab district of Kapisa province in eastern Afghanistan. Most were reportedly between the ages of 6 and 14. They had sought shelter near a large boulder, and had built a fire to stay warm. At first, NATO officials claimed they were armed men. The Afghan government condemned the bombing and released photos of some of the victims. By Wednesday, NATO offered, in a press release, “deep regret to the families and loved ones of several Afghan youths who died during an air engagement in Kapisa province Feb. 8.” Those eight killed were not that different in age from Lance Cpl. Osbrany Montes De Oca, 20, of North Arlington, N.J. He was killed two days later, Feb. 10, while on duty in Afghanistan’s Helmand province. These nine young, wasted lives will be the latest footnote in the longest war in United States history, a war that is being perpetuated, according to one brave, whistle-blowing U.S. Army officer, through a “pattern of overt and substantive deception” by “many of America’s most senior military leaders in Afghanistan.”

Those are the words written by Lt. Col. Danny Davis in his 84-page report, “Dereliction of Duty II: Senior Military Leaders’ Loss of Integrity Wounds Afghan War Effort.” A draft of that report, dated Jan. 27, 2012, was obtained by Rolling Stone magazine. It has not been approved by the U.S. Army Public Affairs office for release, even though Davis writes that its contents are not classified. He has submitted a classified version to members ...

Published: Monday 13 February 2012
“The Pentagon’s Afghan Basing Plans for Prisons, Drones, and Black Ops.”

In late December, the lot was just a big blank: a few burgundy metal shipping containers sitting in an expanse of crushed eggshell-colored gravel inside a razor-wire-topped fence.  The American military in Afghanistan doesn’t want to talk about it, but one day soon, it will be a new hub for the American drone war in the Greater Middle East.

Next year, that empty lot will be a two-story concrete intelligence facility for America’s drone war, brightly lit and filled with powerful computers kept in climate-controlled comfort in a country where most of the population has no access to electricity.  It will boast almost 7,000 square feet of offices, briefing and conference rooms, and a large “processing, exploitation, and dissemination” operations center -- and, of course, it will be built with American tax dollars. 

Nor is it an anomaly.  Despite all the talk of drawdowns and withdrawals, there has been a years-long building boom in Afghanistan that shows little sign of abating.  In early 2010, the U.S.-led International Security Assistance Force (ISAF) had nearly 400 bases in Afghanistan.  Today, Lieutenant ...

Published: Sunday 12 February 2012
Both in his longer report and in an article for Armed Forces Journal published online Feb. 5, Davis recounts his experience at an Afghan National Police station in Kunar province in January 2011.

An analysis by Lt. Col. Daniel Davis, which the U.S. Army has not approved for public release but has leaked to Rolling Stone magazine, provides the most authoritative refutation thus far of the official military narrative of success in the Afghanistan War since the troop surge began in early 2010.

In the 84-page unclassified report, Davis, who returned last fall after his second tour of duty in Afghanistan, attacks the credibility of claims by senior military leaders that the U.S.-NATO war strategy has succeeded in weakening the Taliban insurgent forces and in building Afghan security forces capable of taking primary responsibility for security in the future.

The report, which Davis had submitted to the Army in January for clearance to make it public, was posted on the website of Rolling Stone magazine by journalist Michael Hastings Friday. In a blog for the magazine, Hastings reported that "officials familiar with the situation" had said the Pentagon was "refusing" to release the report, but that it had been making the rounds within the U.S. government, including the White House.

Hastings wrote that he had obtained it from a U.S. government official.

Contacted by IPS Friday, Davis would not comment on the publication of the report or its contents.

Writing that he is "no Wikileaks guy Part II", Davis reveals no classified information in the report. But he has given a classified version of the report, which cites and quotes from dozens of classified documents, to several members of the House and Senate, including both Democrats and Republicans.

"If the public had access to the classified reports," Davis writes, "they would see the dramatic gulf between what is often said in public by our senior leaders and what is true behind the scenes."

Davis is in a unique position to assess the real ...

Published: Friday 13 January 2012
“After an investment of 15 years and $17 billion, today the Army is still struggling to build better radios and estimates it may need to spend another $12 billion to get what it needs.”

As several dozen soldiers from the U.S. Army’s Task Force Rock drove into Afghanistan’s Chowkay Valley one morning in March 2010, Taliban fighters immediately began moving into ambush positions along a higher ridge. The Force’s mission was to protect a U.S. reconstruction team as it met with local village leaders, but it was stuck in place as the Taliban reached their fighting posts.

What tied them down was their radios: a forest of plastic and metal cubes sprouting antennae of different lengths and sizes. They had short-range models for talking with the reconstruction team; longer-range versions for reaching headquarters 25 miles away; and a backup satellite radio in case the mountains blocked the transmission. An Air Force controller carried his own radio for talking to jet fighters overhead and a separate radio for downloading streaming video from the aircraft.

Some of these radios worked only while the troopers were stationary; others were simply too cumbersome to operate on the move. “Not good,” said Spec. Geoff Pearman, as he watched farmers scurry indoors from their wheat fields — a sure sign that fighting was imminent.

Task Force Rock’s vulnerability that morning is routine for U.S. forces in Afghanistan today. But it was never supposed to occur at all.

Almost fifteen years ago, the Army launched an ambitious program, the Joint Tactical Radio System, aimed at developing several highly-compatible “universal” radios. Together, the JTRS radios would replace nearly all older radios in the American arsenal, greatly simplifying communications and freeing up combat units “to tap into the network on the move,” according to Paul Mehney, an Army ...

Published: Saturday 31 December 2011
“As police encircle the park, occupiers sing Woody Guthrie’s ‘This Land is Your Land.’ The words of Oklahoma's best-known songwriter seem to have the desired effect on police: They leave quietly.”

Having spent the better part of two months as an embedded reporter with Occupy OKC's camp in Kerr Park (aka Poet's Park) I have often praised both the city and police department. Oklahoma City's occupation has so far managed to avoid the mass arrests and police brutality seen in other cities around the nation. In my opinion, this is largely due to the group's respect for the park and city ordinances, as well as the city's respect for the First Amendment. I frequently pointed to OKC as a model city, setting an example for how a local government and occupiers can peacefully coexist.

So imagine my surprise upon learning that the City of Oklahoma City recently refused to accept the group's $55/day permit fee. Assistant City Manager M.T. Berry told Occupy OKC that not only were they being evicted from Poet's Park, all city parks would be closed to them. Protesters were further informed that anyone remaining in Poet's Park after curfew would face citation or arrest, effective immediately.

The word was blasted out in urgent text messages, Facebook posts and Twitters: “EVICTION IMMINENT! Please come to Poet's Park NOW!”

 

6:40 p.m. – an 

Published: Monday 19 December 2011
At the rally, protesters from around the country waved signs and chanted slogans proclaiming Manning a hero who was being prosecuted not for endangering America, but for exposing the dark underbelly of the American empire.

Hundreds of people gathered today outside a U.S. military base where evidence against Bradley Manning, the soldier accused of leaking classified information to the whistle-blowing website WikiLeaks, is being presented before a military judge for the first time since Manning's arrest.

An U.S. Army intelligence analyst, Manning was arrested in May 2010 by U.S. military police in Iraq when a government informant reported him to law enforcement after he allegedly confessed to leaking to the public scores of classified information containing evidence of corruption and war crimes.

He has been charged with aiding "the enemy" through the disclosures, a charge that carries the possibility of death, though prosecutors says they are seeking a life sentence.

"Bradley shouldn't be doing time for the Pentagon's war crimes," chanted approximately 300 supporters outside the gates of Maryland's Fort Meade, home of the U.S. National Security Agency (NSA), as dozens of police and a helicopter circling above looked on.

The rally, one of 50 taking place across the world, coincided with Manning's 24th birthday and the second day of court hearings aimed at determining whether evidence against him is sufficient to proceed to trial. According to Manning's counsel, David E. Coombs, the hearings are expected to conclude before Christmas.

Manning is accused of leaking video evidence of a 2007 massacre outside Baghdad in which at least 18 people, including two Reuters journalists, were killed by U.S. troops in what many consider a war crime.

He also reportedly leaked hundreds of thousands of State Department cables exposing ...

Published: Wednesday 30 November 2011
At issue was whether a leading U.S. Army bio-weapons laboratory in Frederick, Md., was negligent in failing to adequately secure its anthrax stocks, possibly enabling a mentally troubled researcher at the lab to carry out the attacks.

While denying negligence by one of its premier bio-weapons labs, the government has agreed to pay $2.5 million to settle a wrongful death suit filed by survivors of the first fatality victim of the deadly 2001 anthrax mail attacks, court papers revealed Tuesday.

The money will go to the widow and children of Robert Stevens, a Florida-based photo editor for the National Enquirer and other tabloids who was the first of five people to die after inhaling the tiny spores.

The settlement ended a secrecy-shrouded, eight-year court fight shortly before U.S. District Judge Daniel Hurley of West Palm Beach, Fla., was due to either grant a Justice Department motion to dismiss the suit or to send the case forward to trial. By settling, the government protected from public scrutiny a sizable cache of documents about its secretive biological weapons program.

At issue was whether a leading U.S. Army bio-weapons laboratory in Frederick, Md., was negligent in failing to adequately secure its anthrax stocks, possibly enabling a mentally troubled researcher at the lab to carry out the attacks.

Bruce Ivins,  READ FULL POST 6 COMMENTS

Published: Monday 28 November 2011
Pakistan announced Saturday that it would “review” all military, intelligence and diplomatic co-operation with the United States and ISAF forces in response to the incident.

Tension between Pakistan and the United States over a U.S. air strike that killed 24 Pakistani soldiers grew Sunday as the two sides offered widely disparate accounts of what might have taken place.

NATO officials said Afghan and U.S. troops operating inside Afghanistan early Saturday had been fired on from the Pakistani side of the border and had requested close air support to help defend themselves. What happened next is still under investigation, officials said.

But Pakistan's chief military spokesman said he did not believe that there had been any fire directed at the Americans from Pakistan and said he did not believe the attack could have been inadvertent.

Major Gen. Athar Abbas said the military outpost on a mountain top at Salala in the Mohmand part of Pakistan near the Afghan border was well marked on maps that both Pakistan and NATO have and that the U.S. air assault lasted for more than an hour.

"I cannot rule out the possibility that this was a deliberate attack by ISAF," Abbas said, referring to NATO's International Security Assistance Force by its acronym. "If ISAF was receiving fire, then they must tell us what their losses were."

No NATO casualties ...

Published: Friday 28 October 2011
“In cities across the United States and around the world, ‘We Are Scott Olsen’ vigils, rallies and marches were held.”

“We Are All Scott Olsen!” was the message of vigils held across the United States Thursday night, held in answer to a call from Iraq Veterans Against the War and Occupy Oakland for “occupations across America and around the world to hold solidarity vigils” recognizing Olsen, the former Marine and Iraq War veteran who activists say “sustained a skull fracture after being shot in the head on October 25 with a police projectile while peacefully participating in an Occupy Oakland protest.

In cities across the United States and around the world, "We Are Scott Olsen" vigils, rallies and marches were held. Thousands attended a candlelight vigil in Oakland. In Las Vegas, an image of Olsen was projected at the site of the Occupy encampment. In New York, Occupy Wall Street activist took to the streets chanting "New York is Oakland, Oakland is New York." As far away as London, images of Olsen were displayed at gatherings. The buzz about the wounding of the 24-year-old veteran seemed to be everywhere, and was perhaps best summed up by a message from an activist who had protested at Wisconsin's state Capitol with Olsen in February. It read: "He could be any one of us."

READ FULL POST 12 COMMENTS

Published: Tuesday 20 September 2011
The “don’t ask, don’t tell” law disappears, and the armed forces will begin accepting people who are openly gay.

The U.S. Army dismissed Pepe Johnson from service in 2003, not long after his superiors named him Soldier of the Year at Fort Sill, Okla.

Johnson was gay, so his continued service was unwanted.

But Johnson, now 32, is preparing to re-enter the Army, hoping to become an officer. There may still be barriers to that, but his sexuality won't be one of them.

"My goal has always been to return to active duty and be honest at the same time," said Johnson, of Dallas, who works as an oil and gas landman. "I don't think I'm looking to make a statement. I'm trying to be a man of my word and follow through with the dream I've had for years. It's less about me continuing to be an activist and simply about getting back to where I wanted to be.

"But it's a good thing it happened now because I'm not getting any younger."

After 20 years of debate and study, much of it emotional, rancorous and loaded with talk of religion and rights, one of the last significant barriers to the military falls today. The "don't ask, don't tell" law disappears, and the armed forces will begin accepting people who are openly gay.

The change could be cataclysmic or barely cause a ripple, depending on who is forecasting and what their position is on gay people serving openly.

Some opponents have predicted that it will hurt recruiting and retention, will damage unit cohesion and will cause conflict in the close-quarters lifestyle of the military. Others, who point to the integration of gays in the British, Canadian, Israeli and Australian armed forces, contend that the repeal will have very little effect.

Retired Navy Capt. T.D. Smyers, who last served as commander of Naval Air Station Fort Worth, said a number of "complicated issues" remain to be worked out in the implementation of the repeal, particularly in the military justice code. But he foresees little angst ...

Published: Monday 1 August 2011
"Robert Stevens was the first person in U.S. history known to have died from an anthrax attack."

Justice Department lawyers, defending a wrongful death lawsuit filed by the family of the first victim of the 2001 anthrax letter attacks, won a judge's approval Friday to withdraw a court filing that seemed to undermine the FBI’s assertion that an Army researcher was the killer.

U.S. District Judge David Hurley of West Palm Beach, Fla., accepted a government attorney’s declaration that the FBI and federal prosecutors didn’t alert the government defense team to 10 errors in a statement of facts until after it had been filed in court on July 15.

 

The  initial filing asserted flatly that the U.S. bioweapons facility that employed researcher Bruce Ivins, whom the FBI accused of manufacturing the anthrax, did not have “specialized equipment” needed to produce the deadly powder in the secure biocontainment lab where Ivins had a workspace.

 

The  revised filing said that Ivins had access to a refrigerator-sized machine known as a lyophilizer, which can be used to dry solutions such as anthrax, at the facility in a less secure lab. In addition, it said that Ivins also had a smaller “speed-vac” that could be used for drying substances in his containment lab.

 

Ivins committed suicide on July 29, 2008, not long after federal prosecutors advised his attorney that they were on the verge of seeking his indictment on five capital murder counts.

 

Early last year, the Justice Department closed its eight-year, $100 million investigation into the case and officially declared that the career anthrax researcher had mailed the letters shortly after the Sept. 11, 2001, terrorist attacks. The letters were addressed to three media outlets and Democratic U.S. ...

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