The Washinton Post
Published: Jan 27th
By Jerry Markon

Since it began a decade ago, the federal government’s massive investigation of the 2001 anthrax attacks has been plagued by missteps and complications.

Investigators initially focused on the wrong man, then had to pay him a nearly $6 million settlement. In 2008, they accused another man, Bruce E. Ivins, who killed himself before he could go to trial.

Now, in the latest twist, the government has argued against itself.

In documents deep in the files of a recently settled Florida lawsuit, Justice Department civil attorneys contradicted their own department’s conclusion that Ivins was unquestionably the anthrax killer. The lawyers said the type of anthrax in Ivins’s lab was “radically different” from the deadly anthrax. They cited several witnesses who said Ivins was innocent, and they suggested that a private laboratory in Ohio could have been involved in the attacks.

The unusual spectacle of one arm of the Justice Department publicly questioning another has the potential to undermine one of the most high-profile investigations in years, according to critics and independent experts who reviewed the court filings.

“I cannot think of another case in which the government has done such an egregious about-face. It destroys confidence in the criminal findings,’’ said Paul Rothstein, a law professor at Georgetown University.

Link to the rest of the article Justice Department takes on itself in probe of 2001 anthrax attacks