Steven Hatfill
Encyclopedia
Steven Jay Hatfill is an American physician
, virologist
and bio-weapons expert who underwent what was considered by many to be a trial by media
with great toll on his personal and professional life. After eight months of pressure from the media and amateur detectives, the US Department of Justice
identified the former government scientist as a "person of interest
" in its investigation of the 2001 anthrax attacks
. FBI searches of his apartment in July and August 2002 were well-attended by journalists, many of whom had been pointing at Dr. Hatfill for months. Dr. Hatfill later sued the government for ruining his reputation, a case which the government settled for US$5.8 million. He also filed lawsuits against several periodicals that had pointed to him as a figure warranting further investigation. Dr. Hatfill's lawsuit against The New York Times
was dismissed on the grounds that he was a "public figure" and malice had not been proven. Dr. Hatfill's lawsuit against Vanity Fair
and Readers' Digest was settled out of court, and the details were not disclosed. FBI and DOJ officials later blamed another government scientist, Bruce Edwards Ivins
, whom they concluded had acted alone.
(1971), and Southwestern College
in Winfield, Kansas
(1975), where he studied biology
.
Hatfill was enlisted as a private
in the U.S. Army from 1975 to 1977. (In 1999, he would tell a journalist during an interview that he had been a "captain in the U.S. Special Forces", but in a subsequent investigation the Army stated that he had never served with the Special Forces.) Following his Army discharge, Hatfill qualified and worked as a medical laboratory technician, but soon resolved to become a doctor.
Hatfill then settled in Rhodesia
(now Zimbabwe
) entering the Godfrey Huggins Medical School
in Salisbury (now Harare
) in 1978. (His claimed military associations during this period included assistance as a medic with the Selous Scouts
and membership in the Rhodesian SAS
, but according to one journalist the regimental association of the latter is "adamant Hatfill never belonged to the unit".) He graduated (after failing in 1983) with a M ChB degree in 1984 and then completed a one year internship (1984–85) at a small rural hospital in South Africa
’s North West Province
. The South African government recruited him to be medical officer on a 14 month (1986–88) tour of duty in Antarctica with the South African National Antarctic Expedition (SANAE). He then completed (1988) a master’s degree in microbiology
at the University of Cape Town
. He worked toward a second master’s (1990; medical biochemistry and radiation biology) at the University of Stellenbosch, while working again as a paid med tech in the University’s clinical hematology lab. A 3-year hematological pathology
residency (1991–93) at Stellenbosch followed, during which time Hatfill conducted research on the treatment of leukemia
with thalidomide
. This research, toward an anticipated PhD degree, was conducted (1992–95) under the supervision of Professor Ralph Kirby at Rhodes University
.
Hatfill submitted his PhD thesis for examination to Rhodes in January 1995, but it was failed in November and no degree was ever granted. Hatfill later claimed a Ph.D. degree in "molecular cell biology" from Rhodes, as well as completion of a post-doctoral fellowship (1994–95) at the University of Oxford
in England
and three master's degree
s (in microbial genetics
, medical biochemistry
, and experimental pathology
). Some of these credentials have been questioned. During a later investigation, officials at Rhodes insisted that he had never been awarded a Ph.D. from their institution. (In 2007, Hatfill's lawyer Tom Connolly — in his lawsuit against former U.S. Attorney General
John Ashcroft
and the FBI — admitted that his client had "Puffed on his resume. Absolutely. Forged a diploma. Yes, that's true.")
Back in the U.S., another of Hatfill's post-doctoral appointments commenced at the National Institute of Child Health and Human Development
(NICHD), one of the National Institutes of Health
(NIH) in Bethesda, Maryland
, in 1995. He subsequently worked (1997–99) as a civilian researcher at the United States Army Medical Research Institute of Infectious Diseases
(USAMRIID), the U.S. Department of Defense
's medical research institute for biological warfare
(BW) defense at Fort Detrick
, Frederick, MD
. There he studied, under a National Research Council
fellowship, new drug treatments for the Ebola virus
and became a specialist in virology
and BW defense.
(SAIC), which has a "sprawling campus" in nearby McLean, Virginia
. The corporation did work for a multitude of federal agencies. Many projects were classified.
By this time there had been a number of hoax anthrax mailings
in the United States. Hatfill and his collaborator, SAIC vice president Joseph Soukup, now commissioned William C. Patrick, retired head of the old US bioweapons program (who had also been a mentor of Hatfill) to write a report on the possibilities of terrorist anthrax mailing attacks. Barbara Hatch Rosenberg (director of the Federation of American Scientists
' biochem weapons working group in 2002) said that the report was commissioned "under a CIA contract to SAIC". However, SAIC said Hatfill and Soukup commissioned it internally — there was no outside client.
The resulting report, dated February 1999, was subsequently seen by some as a "blueprint" for the 2001 anthrax attacks
. Amongst other things, it suggested the maximum amount of anthrax powder - 2.5 grams - that could be put in an envelope without making a suspicious bulge. The quantity in the envelope sent to Senator Patrick Leahy in October 2001 was .871 grams. After the attacks, the report drew the attention of the media and others, and led to their investigation of Patrick and Hatfill.
of anthrax had been used in the attacks, Dr. Barbara Hatch Rosenberg and others began suggesting that the attack might be the work of a "rogue CIA agent," and they provided the name of the "most likely" person to the FBI. On November 21, 2001, Dr. Rosenberg made similar statements to the Biological and Toxic Weapons convention in Geneva. In December 2001, she published "A Compilation of Evidence and Comments on the Source of the Mailed Anthrax" via the web site of The Federation of American Scientists (FAS) suggesting the attacks were "perpetrated with the unwitting assistance of a sophisticated government program."
Rosenberg discussed the case with reporters from the New York Times. On January 4, 2002, Nicholas Kristof of the New York Times published a column titled "Profile of a Killer" stating "I think I know who sent out the anthrax last fall." For months, Dr. Rosenberg gave speeches and stated her beliefs to many reporters from around the world. She posted "Analysis of the Anthrax Attacks" to the FAS web site on January 17, 2002. On February 5, 2002 she published "Is the FBI Dragging Its Feet?" In response, the FBI stated, "There is no prime suspect in this case at this time." The Washington Post reported, "FBI officials over the last week have flatly discounted Dr. Rosenberg's claims."
On June 13, 2002, Dr. Rosenberg posted "The Anthrax Case: What the FBI Knows" to the FAS site. On June 18, 2002, Dr. Rosenberg presented her theories to senate staffers working for Senators Daschle and Leahy. One week later, on June 25, the FBI publicly searched Dr. Hatfill's apartment, turning him into a household name. "The FBI also pointed out that Hatfill had agreed to the search and is not considered a suspect." Both The American Prospect
and Salon.com
report that "Hatfill is not a suspect in the anthrax case, the FBI says." On August 3, 2002, Dr. Rosenberg told the media that the FBI asked her if "a team of government scientists could be trying to frame Steven J. Hatfill."
John Ashcroft
labeled Dr. Steven Hatfill a "person of interest
" in a press conference, no charges were brought against him. Hatfill, a virologist
, vehemently denied he had anything to do with the anthrax (bacteria) mailings and sued the FBI, the Justice Department, John Ashcroft, Alberto Gonzales
, and others for violating his constitutional
rights and for violating the Privacy Act
. On June 27, 2008, the Department of Justice announced it would settle Hatfill's case for $5.8 million.
Hatfill later went to work at Pennington Biomedical Research Center
in Baton Rouge, LA
. In September 2001 SAIC was commissioned by the Pentagon to create a replica of a mobile WMD "laboratory", alleged to have been used by Saddam. The Pentagon claimed the trailer was to be used as a training aide for teams seeking weapons of mass destruction in Iraq.
His lawyer, Victor M. Glasberg, stated: "Steve's life has been devastated by a drumbeat of innuendo, implication and speculation. We have a frightening public attack on an individual who, guilty or not, should not be exposed to this type of public opprobrium based on speculation."
In an embarrassing incident, FBI agents trailing Hatfill in a motor vehicle ran over his foot when he attempted to approach them in May 2003. Police responding to the incident did not cite the driver, but issued Hatfill a citation for "walking to create a hazard." He and his attorneys fought the ticket, but a hearing officer upheld the ticket and ordered Hatfill to pay the requisite $5 fine.
While the media and others focused on Dr. Hatfill, the FBI had focused their attention on another suspect—USAMRIID bacteriologist Bruce Ivins. Considerable questions have been raised, however, about the credibility of the case against Bruce Ivins as well.
60 Minutes
interview about the anthrax incidents on March 11, 2007. In the interview it was revealed that Hatfill forged a Ph.D. degree certificate. "It is true. It is true that he has puffed on his resume. Absolutely," Connolly acknowledged. "Forged a diploma. Yes, that's true." He went on to state, "Listen, if puffing on your resume made you the anthrax killer, then half this town should be suspect."
The New York Times
stated in their paper that Hatfill had obtained an anti-anthrax medicine (ciprofloxacin
) immediately prior to the anthrax mailings. Connolly explained, "Before the attacks he had surgery. So yes, he's on Cipro. But the fuller truth is in fact he was on Cipro because a doctor gave it to him after sinus surgery". Hatfill had previously said the antibiotic was for a lingering sinus infection. The omission in the Times article, of the reason why he had been taking Cipro, is one reason Hatfill sued the newspaper. The newspaper won a summary judgment ruling, in early 2007, squelching the libel suit that had been filed by Steven Hatfill against it and columnist Nicholas Kristof.
against the Attorney General of the United States John Ashcroft
, the United States Department of Justice
, DOJ employees Timothy Beres and Daryl Darnell, the Federal Bureau of Investigation
, FBI Supervisory Special Agent Van Harp and an unknown number of FBI agents.
On March 30, 2007, US District Judge Reggie Walton
issued an order warning Hatfill that he could lose his civil lawsuit over the leaks if he did not compel journalists to name their sources. He gave Hatfill until April 16 to decide whether to press the journalists to give up their sources.
On April 16, Hatfill gave notice that he would "proceed with discovery to attempt to obtain the identity of the alleged source or sources at the Department of Justice and the Federal Bureau of Investigation who allegedly provided information to news reporters concerning the criminal investigation of Dr. Hatfill.”
On April 27, 2007, in the U.S. District Court for the District of Columbia, federal prosecutors wrote that Steven Hatfill had overstepped court orders allowing him to compel testimony from reporters whom he had already questioned and had instead "served a new round of subpoenas" on organizations "that he failed to question during the discovery period."
During the first round of depositions, Hatfill subpoenaed six reporters: Michael Isikoff
and Daniel Klaidman of Newsweek
, Brian Ross
of ABC
, Allan Lengel of The Washington Post
, Jim Stewart of CBS
, and Toni Locy of USA Today
.
Hatfill now has subpoenaed eight news organizations, including three that he didn’t name before: The New York Times (Nicolas Kristof, David Johnson, William Broad
, Kate Zernike, Judith Miller
, Scott Shane, and Frank D. Roylance), The Baltimore Sun
(Gretchen Parker and Curt Anderson), and the Associated Press
. Subpoenas for Washington Post
writers Marilyn W. Thompson, David Snyder, Guy Gugliotta, Tom Jackman, Dan Eggen and Carol D. Loenning, and for Mark Miller of Newsweek, are now included.
The Justice Department responded to Hatfill's subpoenas, saying that they went too far. “The court should reject this attempt to expand discovery,” prosecutors wrote.
In a status conference on Friday 11 January 2008, U.S. District Judge Reggie B. Walton ordered the attorneys for the government and for Hatfill to seek mediation over the next two months. According to the Scheduling Order, the parties will be in mediation from January 14 until May 14, 2008. The prospects of a mediated settlement notwithstanding, Walton said he expected that a trial on the lawsuit could begin in December. Afterward, Hatfill's attorney Mark A. Grannis said: "The court has set a schedule for bringing this case to trial this year, and we're very pleased at the prospect that Dr. Hatfill will finally have his day in court."
On March 7, 2008, Toni Locy of USA Today was ordered to personally pay contempt of court fines of up to $5,000 a day which begin the following Tuesday, until she identifies her sources.
On June 27, 2008 Hatfill was exonerated by the government and a settlement was announced in which the Justice Department has agreed to pay $4.6 million (consisting of $2.825 million in cash and an annuity paying $150,000 a year for 20 years) to settle the lawsuit in which Hatfill claimed the Justice Department violated his privacy rights by speaking with reporters about the case.
against The New York Times Company
and Nicholas D. Kristof
.
In a sealed motion on December 29, 2006, The New York Times argued that the classification restrictions imposed on the case were tantamount to an assertion of the state secrets privilege
. Times attorneys cited the case law on state secrets to support their argument that the case should be dismissed. The "state secrets" doctrine, they said, "precludes a case from proceeding to trial when national security precludes a party from obtaining evidence that is... necessary to support a valid defense. Dismissal is warranted in this case because the Times has been denied access to such evidence, specifically documents and testimony concerning the work done by plaintiff [Hatfill] on classified government projects relating to bioweapons, including anthrax."
A redacted copy of the December 29, 2006 New York Times Memorandum of Law in Support of Defendant's Motion for an Order Dismissing the Complaint Under the "State Secrets" Doctrine was obtained by Secrecy News.
Attorneys for Hatfill filed a sealed response on January 12, 2007 in opposition to the motion for dismissal on state secrets grounds. A redacted copy of their opposition has been made available by Secrecy News.
On January 12, 2007, a judge dismissed a lawsuit
filed by Hatfill against The New York Times.
On January 30, 2007, Judge Hilton's order dismissing the Hatfill v. The New York Times was made public, along with a Memorandum Opinion explaining his ruling.
Kenneth A. Richieri, Vice President and General Counsel of The New York Times scored what he called a "very satisfying win" at the beginning of 2007 in the Eastern District of Virginia. The newspaper won a summary judgment ruling squelching a libel suit that had been filed by anthrax poisoning "person of interest" Steven Hatfill against it and columnist Nicholas Kristof.
The US Court of Appeals for the Fourth Circuit reversed the trial court, ruling that a jury should decide that issue. In March 2008, the Supreme Court refused to grant certiorari in the case, effectively leaving the appeals court decision in place.
The case was dismissed in a Summary Judgment on January 12, 2007. The appeals were heard on March 21, 2008, and the dismissal was upheld by the appeals court on July 14, 2008. The case was appealed to the U.S. Supreme Court and was rejected by the Supreme Court on Dec. 15, 2008. The basis for the dismissal was that Dr. Hatfill was a "public figure," and he had not proved malice on the part of The New York Times.
, advised the FBI during the investigation of the anthrax attacks. He later wrote an article for Vanity Fair about his investigation of Hatfill. In the October 2003 article Foster described how he had tried to match up Hatfill's travels with the postmarks on the anthrax letters, and analyzed old interviews and an unpublished novel by Hatfill about a bioterror attack on the United States. Foster wrote that "When I lined up Hatfill's known movements with the postmark locations of reported biothreats, those hoax anthrax attacks appeared to trail him like a vapor cloud,"
Hatfill subsequently sued Donald Foster, Condé Nast Publications
, Vassar College
, and The Reader's Digest Association
. The suit sought $10 million in damages, claiming defamation. The Reader's Digest published a condensed version of the article in December 2003.
The lawyers delayed bringing the Hatfill v. Foster lawsuit to court because "the parties are close to finalizing the settlement".
On February 27, 2007, The New York Sun
reported that he settled without a trial.
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
, virologist
Virology
Virology is the study of viruses and virus-like agents: their structure, classification and evolution, their ways to infect and exploit cells for virus reproduction, the diseases they cause, the techniques to isolate and culture them, and their use in research and therapy...
and bio-weapons expert who underwent what was considered by many to be a trial by media
Trial by media
Trial by media is a phrase popular in the late 20th century and early 21st century to describe the impact of television and newspaper coverage on a person's reputation by creating a widespread perception of guilt or innocence before, or after, a verdict in a court of law.In the United Kingdom there...
with great toll on his personal and professional life. After eight months of pressure from the media and amateur detectives, the US Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
identified the former government scientist as a "person of interest
Person of interest
"Person of interest" is a phrase used by law enforcement when announcing the name of someone involved in a criminal investigation who has not been arrested or formally accused of a crime. The phrase was adopted by the media and widely disseminated, thus most law enforcement agencies have picked up...
" in its investigation of the 2001 anthrax attacks
2001 anthrax attacks
The 2001 anthrax attacks in the United States, also known as Amerithrax from its Federal Bureau of Investigation case name, occurred over the course of several weeks beginning on Tuesday, September 18, 2001, one week after the September 11 attacks. Letters containing anthrax spores were mailed to...
. FBI searches of his apartment in July and August 2002 were well-attended by journalists, many of whom had been pointing at Dr. Hatfill for months. Dr. Hatfill later sued the government for ruining his reputation, a case which the government settled for US$5.8 million. He also filed lawsuits against several periodicals that had pointed to him as a figure warranting further investigation. Dr. Hatfill's lawsuit against The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
was dismissed on the grounds that he was a "public figure" and malice had not been proven. Dr. Hatfill's lawsuit against Vanity Fair
Vanity Fair (magazine)
Vanity Fair is a magazine of pop culture, fashion, and current affairs published by Condé Nast. The present Vanity Fair has been published since 1983 and there have been editions for four European countries as well as the U.S. edition. This revived the title which had ceased publication in 1935...
and Readers' Digest was settled out of court, and the details were not disclosed. FBI and DOJ officials later blamed another government scientist, Bruce Edwards Ivins
Bruce Edwards Ivins
Bruce Edwards Ivins was an American microbiologist, vaccinologist, senior biodefense researcher at the United States Army Medical Research Institute of Infectious Diseases in Fort Detrick, Maryland and the key suspect in the 2001 anthrax attacks.On Tuesday, July 29, 2008 he died of an overdose of...
, whom they concluded had acted alone.
Youth and education
Hatfill was born in Saint Louis, Missouri, and graduated from Mattoon Senior High School, Mattoon, IllinoisMattoon, Illinois
Mattoon is a city in Coles County, Illinois, United States. The population was 18,555 as of the 2010 census. It is a principal city of the Charleston–Mattoon Micropolitan Statistical Area.Mattoon was the site of the "Mad Gasser" attacks of the 1940s....
(1971), and Southwestern College
Southwestern College (Kansas)
Southwestern College is a four-year private college affiliated with the United Methodist Church located in Winfield, Kansas, United States. It was founded in 1885 and graduated its first class in 1889. In addition to its campus programs, it offers online programs.-Academics:The main campus is a...
in Winfield, Kansas
Winfield, Kansas
Winfield is a city situated along the Walnut River in the west-central part of Cowley County, located in South Central Kansas, in the Central United States. As of the 2010 census, the city population was 12,301...
(1975), where he studied biology
Biology
Biology is a natural science concerned with the study of life and living organisms, including their structure, function, growth, origin, evolution, distribution, and taxonomy. Biology is a vast subject containing many subdivisions, topics, and disciplines...
.
Hatfill was enlisted as a private
Private (rank)
A Private is a soldier of the lowest military rank .In modern military parlance, 'Private' is shortened to 'Pte' in the United Kingdom and other Commonwealth countries and to 'Pvt.' in the United States.Notably both Sir Fitzroy MacLean and Enoch Powell are examples of, rare, rapid career...
in the U.S. Army from 1975 to 1977. (In 1999, he would tell a journalist during an interview that he had been a "captain in the U.S. Special Forces", but in a subsequent investigation the Army stated that he had never served with the Special Forces.) Following his Army discharge, Hatfill qualified and worked as a medical laboratory technician, but soon resolved to become a doctor.
Hatfill then settled in Rhodesia
Rhodesia
Rhodesia , officially the Republic of Rhodesia from 1970, was an unrecognised state located in southern Africa that existed between 1965 and 1979 following its Unilateral Declaration of Independence from the United Kingdom on 11 November 1965...
(now Zimbabwe
Zimbabwe
Zimbabwe is a landlocked country located in the southern part of the African continent, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia and a tip of Namibia to the northwest and Mozambique to the east. Zimbabwe has three...
) entering the Godfrey Huggins Medical School
University of Zimbabwe
The University of Zimbabwe in Harare, is the oldest and largest university in Zimbabwe. It was founded through a special relationship with the University of London and it opened its doors to its first students in 1952. The university has ten faculties offering a wide variety of degree programmes...
in Salisbury (now Harare
Harare
Harare before 1982 known as Salisbury) is the largest city and capital of Zimbabwe. It has an estimated population of 1,600,000, with 2,800,000 in its metropolitan area . Administratively, Harare is an independent city equivalent to a province. It is Zimbabwe's largest city and its...
) in 1978. (His claimed military associations during this period included assistance as a medic with the Selous Scouts
Selous Scouts
The Selous Scouts was a special forces regiment of the Rhodesian Army, which operated from 1973 until the introduction of majority rule in 1980. It was named after British explorer Frederick Courteney Selous , and their motto was pamwe chete, which, in the Shona language, roughly means "all...
and membership in the Rhodesian SAS
C Squadron 22 (Rhodesian) SAS
The Rhodesian Special Air Service or Rhodesian SAS refers to:*C Squadron, Special Air Service Regiment *"C" Squadron Special Air Service *1 Special Air Service Regiment...
, but according to one journalist the regimental association of the latter is "adamant Hatfill never belonged to the unit".) He graduated (after failing in 1983) with a M ChB degree in 1984 and then completed a one year internship (1984–85) at a small rural hospital in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
’s North West Province
North West (South African province)
North West is a province of South Africa. Its capital is Mafikeng. The province is located to the west of the major population centre of Gauteng.-History:...
. The South African government recruited him to be medical officer on a 14 month (1986–88) tour of duty in Antarctica with the South African National Antarctic Expedition (SANAE). He then completed (1988) a master’s degree in microbiology
Microbiology
Microbiology is the study of microorganisms, which are defined as any microscopic organism that comprises either a single cell , cell clusters or no cell at all . This includes eukaryotes, such as fungi and protists, and prokaryotes...
at the University of Cape Town
University of Cape Town
The University of Cape Town is a public research university located in Cape Town in the Western Cape province of South Africa. UCT was founded in 1829 as the South African College, and is the oldest university in South Africa and the second oldest extant university in Africa.-History:The roots of...
. He worked toward a second master’s (1990; medical biochemistry and radiation biology) at the University of Stellenbosch, while working again as a paid med tech in the University’s clinical hematology lab. A 3-year hematological pathology
Hematology
Hematology, also spelled haematology , is the branch of biology physiology, internal medicine, pathology, clinical laboratory work, and pediatrics that is concerned with the study of blood, the blood-forming organs, and blood diseases...
residency (1991–93) at Stellenbosch followed, during which time Hatfill conducted research on the treatment of leukemia
Leukemia
Leukemia or leukaemia is a type of cancer of the blood or bone marrow characterized by an abnormal increase of immature white blood cells called "blasts". Leukemia is a broad term covering a spectrum of diseases...
with thalidomide
Thalidomide
Thalidomide was introduced as a sedative drug in the late 1950s that was typically used to cure morning sickness. In 1961, it was withdrawn due to teratogenicity and neuropathy. There is now a growing clinical interest in thalidomide, and it is introduced as an immunomodulatory agent used...
. This research, toward an anticipated PhD degree, was conducted (1992–95) under the supervision of Professor Ralph Kirby at Rhodes University
Rhodes University
Rhodes University is a public research university located in Grahamstown in the Eastern Cape Province of South Africa, established in 1904. It is the province’s oldest university, and is one of the four universities in the province...
.
Hatfill submitted his PhD thesis for examination to Rhodes in January 1995, but it was failed in November and no degree was ever granted. Hatfill later claimed a Ph.D. degree in "molecular cell biology" from Rhodes, as well as completion of a post-doctoral fellowship (1994–95) at the University of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and three master's degree
Master's degree
A master's is an academic degree granted to individuals who have undergone study demonstrating a mastery or high-order overview of a specific field of study or area of professional practice...
s (in microbial genetics
Microbial genetics
Microbial genetics is a subject area within microbiology and genetic engineering. It studies the genetics of very small organisms. This involves the study of the genotype of microbial species and also the expression system in the form of phenotypes.It also involves the study of genetic processes...
, medical biochemistry
Biochemistry
Biochemistry, sometimes called biological chemistry, is the study of chemical processes in living organisms, including, but not limited to, living matter. Biochemistry governs all living organisms and living processes...
, and experimental pathology
Experimental pathology
Experimental pathology, also known as investigative pathology is the scientific study of disease processes through the microscopic or molecular examination of organs, tissues, cells, or body fluids from diseased organisms. It is closely related, both historically and in modern academic settings, to...
). Some of these credentials have been questioned. During a later investigation, officials at Rhodes insisted that he had never been awarded a Ph.D. from their institution. (In 2007, Hatfill's lawyer Tom Connolly — in his lawsuit against former U.S. Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
John Ashcroft
John Ashcroft
John David Ashcroft is a United States politician who served as the 79th United States Attorney General, from 2001 until 2005, appointed by President George W. Bush. Ashcroft previously served as the 50th Governor of Missouri and a U.S...
and the FBI — admitted that his client had "Puffed on his resume. Absolutely. Forged a diploma. Yes, that's true.")
Back in the U.S., another of Hatfill's post-doctoral appointments commenced at the National Institute of Child Health and Human Development
National Institute of Child Health and Human Development
The Eunice Kennedy Shriver National Institute of Child Health and Human Development , created by Congress in 1962, supports and conducts research on topics related to the health of children, adults, families, and populations...
(NICHD), one of the National Institutes of Health
National Institutes of Health
The National Institutes of Health are an agency of the United States Department of Health and Human Services and are the primary agency of the United States government responsible for biomedical and health-related research. Its science and engineering counterpart is the National Science Foundation...
(NIH) in Bethesda, Maryland
Bethesda, Maryland
Bethesda is a census designated place in southern Montgomery County, Maryland, United States, just northwest of Washington, D.C. It takes its name from a local church, the Bethesda Meeting House , which in turn took its name from Jerusalem's Pool of Bethesda...
, in 1995. He subsequently worked (1997–99) as a civilian researcher at the United States Army Medical Research Institute of Infectious Diseases
United States Army Medical Research Institute of Infectious Diseases
The U.S. Army Medical Research Institute of Infectious Diseases is the U.S Army’s main institution and facility for defensive research into countermeasures against biological warfare. It is located on Fort Detrick, Maryland and is a subordinate lab of the U. S...
(USAMRIID), the U.S. Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
's medical research institute for biological warfare
Biological warfare
Biological warfare is the use of biological toxins or infectious agents such as bacteria, viruses, and fungi with intent to kill or incapacitate humans, animals or plants as an act of war...
(BW) defense at Fort Detrick
Fort Detrick
Fort Detrick is a U.S. Army Medical Command installation located in Frederick, Maryland, USA. Historically, Fort Detrick was the center for the United States' biological weapons program ....
, Frederick, MD
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
. There he studied, under a National Research Council
United States National Research Council
The National Research Council of the USA is the working arm of the United States National Academies, carrying out most of the studies done in their names.The National Academies include:* National Academy of Sciences...
fellowship, new drug treatments for the Ebola virus
Ebola virus
Ebola virus causes severe disease in humans and in nonhuman primates in the form of viral hemorrhagic fever. EBOV is a Select Agent, World Health Organization Risk Group 4 Pathogen , National Institutes of Health/National Institute of Allergy and Infectious Diseases Category A Priority Pathogen,...
and became a specialist in virology
Virology
Virology is the study of viruses and virus-like agents: their structure, classification and evolution, their ways to infect and exploit cells for virus reproduction, the diseases they cause, the techniques to isolate and culture them, and their use in research and therapy...
and BW defense.
The anthrax attacks
In January 1999 Hatfill transferred to a "consulting job" at Science Applications International CorporationScience Applications International Corporation
SAIC is a FORTUNE 500 scientific, engineering and technology applications company headquartered in the United States with numerous federal, state, and private sector clients...
(SAIC), which has a "sprawling campus" in nearby McLean, Virginia
McLean, Virginia
McLean is an unincorporated community and census-designated place in Fairfax County in Northern Virginia. The community had a total population of 48,115 as of the 2010 census....
. The corporation did work for a multitude of federal agencies. Many projects were classified.
By this time there had been a number of hoax anthrax mailings
Anthrax hoaxes
Anthrax hoaxes involving the use of white powder or labels to falsely suggest the use of anthrax are frequently reported in the United States and globally. Hoaxes have increased following the 2001 anthrax attacks, after which no genuine anthrax attacks have occurred. The FBI and U.S...
in the United States. Hatfill and his collaborator, SAIC vice president Joseph Soukup, now commissioned William C. Patrick, retired head of the old US bioweapons program (who had also been a mentor of Hatfill) to write a report on the possibilities of terrorist anthrax mailing attacks. Barbara Hatch Rosenberg (director of the Federation of American Scientists
Federation of American Scientists
The Federation of American Scientists is a nonpartisan, 501 organization intent on using science and scientific analysis to attempt make the world more secure. FAS was founded in 1945 by scientists who worked on the Manhattan Project to develop the first atomic bombs...
' biochem weapons working group in 2002) said that the report was commissioned "under a CIA contract to SAIC". However, SAIC said Hatfill and Soukup commissioned it internally — there was no outside client.
The resulting report, dated February 1999, was subsequently seen by some as a "blueprint" for the 2001 anthrax attacks
2001 anthrax attacks
The 2001 anthrax attacks in the United States, also known as Amerithrax from its Federal Bureau of Investigation case name, occurred over the course of several weeks beginning on Tuesday, September 18, 2001, one week after the September 11 attacks. Letters containing anthrax spores were mailed to...
. Amongst other things, it suggested the maximum amount of anthrax powder - 2.5 grams - that could be put in an envelope without making a suspicious bulge. The quantity in the envelope sent to Senator Patrick Leahy in October 2001 was .871 grams. After the attacks, the report drew the attention of the media and others, and led to their investigation of Patrick and Hatfill.
Rosenberg theory
In October 2001, as soon as it became known that the Ames strainAmes strain
The Ames strain is one of 89 known strains of the anthrax bacterium . It was isolated from a diseased 14-month old Beefmaster heifer that died in Sarita, Texas in 1981. The strain was isolated at the Texas Veterinary Medical Diagnostic Laboratory and a sample was sent to the United States Army...
of anthrax had been used in the attacks, Dr. Barbara Hatch Rosenberg and others began suggesting that the attack might be the work of a "rogue CIA agent," and they provided the name of the "most likely" person to the FBI. On November 21, 2001, Dr. Rosenberg made similar statements to the Biological and Toxic Weapons convention in Geneva. In December 2001, she published "A Compilation of Evidence and Comments on the Source of the Mailed Anthrax" via the web site of The Federation of American Scientists (FAS) suggesting the attacks were "perpetrated with the unwitting assistance of a sophisticated government program."
Rosenberg discussed the case with reporters from the New York Times. On January 4, 2002, Nicholas Kristof of the New York Times published a column titled "Profile of a Killer" stating "I think I know who sent out the anthrax last fall." For months, Dr. Rosenberg gave speeches and stated her beliefs to many reporters from around the world. She posted "Analysis of the Anthrax Attacks" to the FAS web site on January 17, 2002. On February 5, 2002 she published "Is the FBI Dragging Its Feet?" In response, the FBI stated, "There is no prime suspect in this case at this time." The Washington Post reported, "FBI officials over the last week have flatly discounted Dr. Rosenberg's claims."
On June 13, 2002, Dr. Rosenberg posted "The Anthrax Case: What the FBI Knows" to the FAS site. On June 18, 2002, Dr. Rosenberg presented her theories to senate staffers working for Senators Daschle and Leahy. One week later, on June 25, the FBI publicly searched Dr. Hatfill's apartment, turning him into a household name. "The FBI also pointed out that Hatfill had agreed to the search and is not considered a suspect." Both The American Prospect
The American Prospect
The American Prospect is a monthly American political magazine dedicated to American liberalism. Based in Washington, DC, The American Prospect is a journal "of liberal ideas, committed to a just society, an enriched democracy, and effective liberal politics" which focuses on United States politics...
and Salon.com
Salon.com
Salon.com, part of Salon Media Group , often just called Salon, is an online liberal magazine, with content updated each weekday. Salon was founded by David Talbot and launched on November 20, 1995. It was the internet's first online-only commercial publication. The magazine focuses on U.S...
report that "Hatfill is not a suspect in the anthrax case, the FBI says." On August 3, 2002, Dr. Rosenberg told the media that the FBI asked her if "a team of government scientists could be trying to frame Steven J. Hatfill."
Person of interest
In August 2002, Attorney GeneralUnited States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
John Ashcroft
John Ashcroft
John David Ashcroft is a United States politician who served as the 79th United States Attorney General, from 2001 until 2005, appointed by President George W. Bush. Ashcroft previously served as the 50th Governor of Missouri and a U.S...
labeled Dr. Steven Hatfill a "person of interest
Person of interest
"Person of interest" is a phrase used by law enforcement when announcing the name of someone involved in a criminal investigation who has not been arrested or formally accused of a crime. The phrase was adopted by the media and widely disseminated, thus most law enforcement agencies have picked up...
" in a press conference, no charges were brought against him. Hatfill, a virologist
Virology
Virology is the study of viruses and virus-like agents: their structure, classification and evolution, their ways to infect and exploit cells for virus reproduction, the diseases they cause, the techniques to isolate and culture them, and their use in research and therapy...
, vehemently denied he had anything to do with the anthrax (bacteria) mailings and sued the FBI, the Justice Department, John Ashcroft, Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
, and others for violating his constitutional
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
rights and for violating the Privacy Act
Privacy Act of 1974
The Privacy Act of 1974, 5 U.S.C. § 552a, Public Law No. 93-579, establishes a Code of Fair Information Practice that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by federal agencies...
. On June 27, 2008, the Department of Justice announced it would settle Hatfill's case for $5.8 million.
Hatfill later went to work at Pennington Biomedical Research Center
Pennington Biomedical Research Center
The Pennington Biomedical Research Center, located in Baton Rouge, Louisiana, is a campus of the Louisiana State University System and conducts both clinical and basic research. According to its website, its mission is to promote healthier lives through research and education in nutrition and...
in Baton Rouge, LA
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
. In September 2001 SAIC was commissioned by the Pentagon to create a replica of a mobile WMD "laboratory", alleged to have been used by Saddam. The Pentagon claimed the trailer was to be used as a training aide for teams seeking weapons of mass destruction in Iraq.
His lawyer, Victor M. Glasberg, stated: "Steve's life has been devastated by a drumbeat of innuendo, implication and speculation. We have a frightening public attack on an individual who, guilty or not, should not be exposed to this type of public opprobrium based on speculation."
In an embarrassing incident, FBI agents trailing Hatfill in a motor vehicle ran over his foot when he attempted to approach them in May 2003. Police responding to the incident did not cite the driver, but issued Hatfill a citation for "walking to create a hazard." He and his attorneys fought the ticket, but a hearing officer upheld the ticket and ordered Hatfill to pay the requisite $5 fine.
While the media and others focused on Dr. Hatfill, the FBI had focused their attention on another suspect—USAMRIID bacteriologist Bruce Ivins. Considerable questions have been raised, however, about the credibility of the case against Bruce Ivins as well.
60 Minutes interview
Hatfill's lawyer, Tom Connolly, was featured in a CBS NewsCBS News
CBS News is the news division of American television and radio network CBS. The current chairman is Jeff Fager who is also the executive producer of 60 Minutes, while the current president of CBS News is David Rhodes. CBS News' flagship program is the CBS Evening News, hosted by the network's main...
60 Minutes
60 Minutes
60 Minutes is an American television news magazine, which has run on CBS since 1968. The program was created by producer Don Hewitt who set it apart by using a unique style of reporter-centered investigation....
interview about the anthrax incidents on March 11, 2007. In the interview it was revealed that Hatfill forged a Ph.D. degree certificate. "It is true. It is true that he has puffed on his resume. Absolutely," Connolly acknowledged. "Forged a diploma. Yes, that's true." He went on to state, "Listen, if puffing on your resume made you the anthrax killer, then half this town should be suspect."
The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
stated in their paper that Hatfill had obtained an anti-anthrax medicine (ciprofloxacin
Ciprofloxacin
Ciprofloxacin is a synthetic chemotherapeutic antibiotic of the fluoroquinolone drug class.It is a second-generation fluoroquinolone antibacterial. It kills bacteria by interfering with the enzymes that cause DNA to rewind after being copied, which stops synthesis of DNA and of...
) immediately prior to the anthrax mailings. Connolly explained, "Before the attacks he had surgery. So yes, he's on Cipro. But the fuller truth is in fact he was on Cipro because a doctor gave it to him after sinus surgery". Hatfill had previously said the antibiotic was for a lingering sinus infection. The omission in the Times article, of the reason why he had been taking Cipro, is one reason Hatfill sued the newspaper. The newspaper won a summary judgment ruling, in early 2007, squelching the libel suit that had been filed by Steven Hatfill against it and columnist Nicholas Kristof.
Hatfill's plans for the future
Using money collected from the lawsuits against the government and against Vanity Fair and Readers' Digest, Hatfill has committed $1.5 million to building a floating genetic laboratory, a futuristic-looking vessel replete with a helicopter, an operating room to treat rural indigenous peoples, and a Cordon Bleu–trained chef. Hatfill intends to assemble a scientific team and cruise the Amazon for undiscovered or little-known plants and animals. From these organisms, he hopes to develop new medications for leukemia, and for tuberculosis and other diseases that have been growing increasingly resistant to existing antibiotics. Any useful treatments, he says, will be licensed to pharmaceutical companies on the condition that developing nations receive them at cost.Hatfill v. John Ashcroft, et al.
On the 26th of August 2003, Hatfill filed a lawsuitLawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
against the Attorney General of the United States John Ashcroft
John Ashcroft
John David Ashcroft is a United States politician who served as the 79th United States Attorney General, from 2001 until 2005, appointed by President George W. Bush. Ashcroft previously served as the 50th Governor of Missouri and a U.S...
, the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
, DOJ employees Timothy Beres and Daryl Darnell, the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
, FBI Supervisory Special Agent Van Harp and an unknown number of FBI agents.
On March 30, 2007, US District Judge Reggie Walton
Reggie Walton
Reggie Barnett Walton is a federal judge on the United States District Court for the District of Columbia.-Early life and education :...
issued an order warning Hatfill that he could lose his civil lawsuit over the leaks if he did not compel journalists to name their sources. He gave Hatfill until April 16 to decide whether to press the journalists to give up their sources.
On April 16, Hatfill gave notice that he would "proceed with discovery to attempt to obtain the identity of the alleged source or sources at the Department of Justice and the Federal Bureau of Investigation who allegedly provided information to news reporters concerning the criminal investigation of Dr. Hatfill.”
On April 27, 2007, in the U.S. District Court for the District of Columbia, federal prosecutors wrote that Steven Hatfill had overstepped court orders allowing him to compel testimony from reporters whom he had already questioned and had instead "served a new round of subpoenas" on organizations "that he failed to question during the discovery period."
During the first round of depositions, Hatfill subpoenaed six reporters: Michael Isikoff
Michael Isikoff
Michael Isikoff is an investigative journalist for NBC News, formerly with the United States magazine Newsweek. He joined Newsweek as an investigative correspondent in June, 1994, and has written extensively on the U.S...
and Daniel Klaidman of Newsweek
Newsweek
Newsweek is an American weekly news magazine published in New York City. It is distributed throughout the United States and internationally. It is the second-largest news weekly magazine in the U.S., having trailed Time in circulation and advertising revenue for most of its existence...
, Brian Ross
Brian Ross (journalist)
Brian Elliot Ross is an American investigative correspondent for ABC News. He has been with ABC News since July 1994. From 1974 until 1994, Ross was a correspondent for NBC News.-Major scoops:...
of ABC
American Broadcasting Company
The American Broadcasting Company is an American commercial broadcasting television network. Created in 1943 from the former NBC Blue radio network, ABC is owned by The Walt Disney Company and is part of Disney-ABC Television Group. Its first broadcast on television was in 1948...
, Allan Lengel of The Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
, Jim Stewart of CBS
CBS
CBS Broadcasting Inc. is a major US commercial broadcasting television network, which started as a radio network. The name is derived from the initials of the network's former name, Columbia Broadcasting System. The network is sometimes referred to as the "Eye Network" in reference to the shape of...
, and Toni Locy of USA Today
USA Today
USA Today is a national American daily newspaper published by the Gannett Company. It was founded by Al Neuharth. The newspaper vies with The Wall Street Journal for the position of having the widest circulation of any newspaper in the United States, something it previously held since 2003...
.
Hatfill now has subpoenaed eight news organizations, including three that he didn’t name before: The New York Times (Nicolas Kristof, David Johnson, William Broad
William Broad
William J. Broad is an author and a Senior Writer at The New York Times.-Awards:Broad has won two Pulitzer Prizes with Times colleagues, as well as an Emmy and a DuPont. He won the Pulitzers for coverage of the space shuttle Challenger disaster and the feasibility of antimissile arms...
, Kate Zernike, Judith Miller
Judith Miller (journalist)
Judith Miller is a Pulitzer Prize-winning American journalist, formerly of the New York Times Washington bureau. Her coverage of Iraq's alleged Weapons of Mass Destruction program both before and after the 2003 invasion generated much controversy...
, Scott Shane, and Frank D. Roylance), The Baltimore Sun
The Baltimore Sun
The Baltimore Sun is the U.S. state of Maryland’s largest general circulation daily newspaper and provides coverage of local and regional news, events, issues, people, and industries....
(Gretchen Parker and Curt Anderson), and the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
. Subpoenas for Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
writers Marilyn W. Thompson, David Snyder, Guy Gugliotta, Tom Jackman, Dan Eggen and Carol D. Loenning, and for Mark Miller of Newsweek, are now included.
The Justice Department responded to Hatfill's subpoenas, saying that they went too far. “The court should reject this attempt to expand discovery,” prosecutors wrote.
In a status conference on Friday 11 January 2008, U.S. District Judge Reggie B. Walton ordered the attorneys for the government and for Hatfill to seek mediation over the next two months. According to the Scheduling Order, the parties will be in mediation from January 14 until May 14, 2008. The prospects of a mediated settlement notwithstanding, Walton said he expected that a trial on the lawsuit could begin in December. Afterward, Hatfill's attorney Mark A. Grannis said: "The court has set a schedule for bringing this case to trial this year, and we're very pleased at the prospect that Dr. Hatfill will finally have his day in court."
On March 7, 2008, Toni Locy of USA Today was ordered to personally pay contempt of court fines of up to $5,000 a day which begin the following Tuesday, until she identifies her sources.
On June 27, 2008 Hatfill was exonerated by the government and a settlement was announced in which the Justice Department has agreed to pay $4.6 million (consisting of $2.825 million in cash and an annuity paying $150,000 a year for 20 years) to settle the lawsuit in which Hatfill claimed the Justice Department violated his privacy rights by speaking with reporters about the case.
Hatfill v. The New York Times
In July 2004, Hatfill filed a lawsuitLawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
against The New York Times Company
The New York Times Company
The New York Times Company is an American media company best known as the publisher of its namesake, The New York Times. Arthur Ochs Sulzberger, Jr. has served as Chairman of the Board since 1997. It is headquartered in Midtown Manhattan, New York City....
and Nicholas D. Kristof
Nicholas D. Kristof
Nicholas Donabet Kristof is an American journalist, author, op-ed columnist, and a winner of two Pulitzer Prizes. He has written an op-ed column for The New York Times since November 2001 and is known for bringing to light human rights abuses in Asia and Africa, such as human trafficking and the...
.
In a sealed motion on December 29, 2006, The New York Times argued that the classification restrictions imposed on the case were tantamount to an assertion of the state secrets privilege
State Secrets Privilege
The state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information...
. Times attorneys cited the case law on state secrets to support their argument that the case should be dismissed. The "state secrets" doctrine, they said, "precludes a case from proceeding to trial when national security precludes a party from obtaining evidence that is... necessary to support a valid defense. Dismissal is warranted in this case because the Times has been denied access to such evidence, specifically documents and testimony concerning the work done by plaintiff [Hatfill] on classified government projects relating to bioweapons, including anthrax."
A redacted copy of the December 29, 2006 New York Times Memorandum of Law in Support of Defendant's Motion for an Order Dismissing the Complaint Under the "State Secrets" Doctrine was obtained by Secrecy News.
Attorneys for Hatfill filed a sealed response on January 12, 2007 in opposition to the motion for dismissal on state secrets grounds. A redacted copy of their opposition has been made available by Secrecy News.
On January 12, 2007, a judge dismissed a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
filed by Hatfill against The New York Times.
On January 30, 2007, Judge Hilton's order dismissing the Hatfill v. The New York Times was made public, along with a Memorandum Opinion explaining his ruling.
Kenneth A. Richieri, Vice President and General Counsel of The New York Times scored what he called a "very satisfying win" at the beginning of 2007 in the Eastern District of Virginia. The newspaper won a summary judgment ruling squelching a libel suit that had been filed by anthrax poisoning "person of interest" Steven Hatfill against it and columnist Nicholas Kristof.
The US Court of Appeals for the Fourth Circuit reversed the trial court, ruling that a jury should decide that issue. In March 2008, the Supreme Court refused to grant certiorari in the case, effectively leaving the appeals court decision in place.
The case was dismissed in a Summary Judgment on January 12, 2007. The appeals were heard on March 21, 2008, and the dismissal was upheld by the appeals court on July 14, 2008. The case was appealed to the U.S. Supreme Court and was rejected by the Supreme Court on Dec. 15, 2008. The basis for the dismissal was that Dr. Hatfill was a "public figure," and he had not proved malice on the part of The New York Times.
Hatfill v. Foster
Donald Foster, an expert in forensic linguisticsForensic linguistics
Forensic linguistics is the application of linguistic knowledge, methods and insights to the forensic context of law, language, crime investigation, trial, and judicial procedure. It is a branch of applied linguistics...
, advised the FBI during the investigation of the anthrax attacks. He later wrote an article for Vanity Fair about his investigation of Hatfill. In the October 2003 article Foster described how he had tried to match up Hatfill's travels with the postmarks on the anthrax letters, and analyzed old interviews and an unpublished novel by Hatfill about a bioterror attack on the United States. Foster wrote that "When I lined up Hatfill's known movements with the postmark locations of reported biothreats, those hoax anthrax attacks appeared to trail him like a vapor cloud,"
Hatfill subsequently sued Donald Foster, Condé Nast Publications
Condé Nast Publications
Condé Nast, a division of Advance Publications, is a magazine publisher. In the U.S., it produces 18 consumer magazines, including Architectural Digest, Bon Appétit, GQ, The New Yorker, Vanity Fair, and Vogue, as well as four business-to-business publications, 27 websites, and more than 50 apps...
, Vassar College
Vassar College
Vassar College is a private, coeducational liberal arts college in the town of Poughkeepsie, New York, in the United States. The Vassar campus comprises over and more than 100 buildings, including four National Historic Landmarks, ranging in style from Collegiate Gothic to International,...
, and The Reader's Digest Association
The Reader's Digest Association
The Reader's Digest Association, Inc. is a global media and direct marketing company, best known for its flagship publication founded in 1922, Reader's Digest...
. The suit sought $10 million in damages, claiming defamation. The Reader's Digest published a condensed version of the article in December 2003.
The lawyers delayed bringing the Hatfill v. Foster lawsuit to court because "the parties are close to finalizing the settlement".
On February 27, 2007, The New York Sun
New York Sun
The New York Sun was a weekday daily newspaper published in New York City from 2002 to 2008. When it debuted on April 16, 2002, adopting the name, motto, and masthead of an otherwise unrelated earlier New York paper, The Sun , it became the first general-interest broadsheet newspaper to be started...
reported that he settled without a trial.