The U.S. Justice Department must disclose search warrants and supporting records that once connected former Army biological defense researcher Steven Hatfill to the 2001 anthrax mailings, a federal court ruled yesterday (see GSN, Nov. 13).
The New York Times and Los Angeles Times called for disclosure of the records, arguing that the public is entitled to know how authorities wrongfully linked Hatfill to the crime and how courts justified searches of his residence and the apartment and car of his girlfriend.
Hatfill was never charged and received a $5.8 million government settlement after suing for violation of privacy. Federal authorities ultimately identified the anthrax mailer as Army microbiologist Bruce Ivins, who committed suicide in July before any charges were filed.
"The anthrax investigation was one of the most complex, time-consuming and expensive investigations in recent history," U.S. District Judge Royce Lamberth said. "As a result, the American citizens have a legitimate interest in observing and understanding how and why the investigation progressed in the way that it did."
Justice Department attorneys said the records should remain sealed to allow Hatfill to "get on with his life." However, Hatfill and his former girlfriend did not seem interested in blocking disclosure of the documents, AP reported.
"The public has made a strong showing of need for the materials, much of the information is already in the public forum and there is no possibility of prejudice to an investigation or a future defendant," Lamberth said in his opinion. "These considerations, weighed against the government's generalized assertion that Dr. Hatfill has a privacy right to 'get on with his life,' mean that the Times would prevail even under a common law standard" (Jesse Holland, Associated Press/Yahoo!News, Nov. 17).