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Newspapers seek government records in anthrax inquiry

By The Associated Press
11.13.08

WASHINGTON — Two newspapers asked a federal judge yesterday to make public several documents relating to a former Army scientist who was named as a person of interest in the 2001 anthrax attacks and later exonerated.

The New York Times and the Los Angeles Times want the government's search warrants and supporting documents involving Stephen Hatfill, who was eventually cleared in the anthrax attacks and was awarded $5.8 million in a lawsuit accusing the Justice Department of violating his privacy.

Normally, search warrants would be sealed for a person who has not been charged or indicted, lawyers said. But the public has a right to know why investigators wanted to search Hatfill's home and on what basis the courts agreed to allow those searches, the newspapers argued in U.S. District Court.

"The public has a right to know why he was targeted," said Jeanette Melendez Bead, lawyer for the newspapers.

Five people were killed and 17 sickened when anthrax was mailed to Capitol Hill lawmakers and members of the media just weeks after the Sept. 11, 2001, terrorist attacks. One of those who died was 94-year-old Ottilie Lundgren of Oxford, Conn., who opened tainted mail.

After the attacks, Attorney General John Ashcroft identified Hatfill as "a person of interest" in the investigation. An FBI search of Hatfill's apartment was televised live. Hatfill worked at the Army's infectious diseases laboratory at Fort Detrick, Md., from 1997 to 1999.

Bruce Ivins, the Army scientist eventually accused of carrying out the 2001 anthrax attacks, committed suicide in July as prosecutors prepared to charge him in the anthrax attacks.

Government lawyers argued yesterday that Hatfill's right to privacy trumped the people's right to know in this case. "At some point, enough is enough," government lawyer Rachel Carlson Lieber said.

The newspapers also want documents involving the search of the Washington apartment of Hatfill's girlfriend, Peck Chegne.


Related

Justice Dept. to pay Hatfill $5.8 million to settle lawsuit

Deal may make contempt order and $5,000-a-day fines against USA Today reporter Toni Locy moot. 06.30.08

Federal judge orders files unsealed in anthrax probe
Documents are expected to reveal how FBI narrowed scope of its nearly seven-year investigation to Army microbiologist Bruce Ivins. 08.06.08

Reporter's legal troubles remain despite deal in anthrax case
Toni Locy says she must continue her legal fight because Steven Hatfill is seeking attorneys fees for the time he litigated the case while she refused to disclose her sources. 10.02.08

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