Reporters Deposed in Anthrax Suspect's Lawsuit

The still-unsolved case of the anthrax attacks which suspiciously followed the 9-11 attacks in 2001 is back in the news. A lawsuit over the government-orchestrated smear campaign against one of their former bioweapons scientists is in the discovery stage, and more information is being requested.

At least two reporters have been questioned about their confidential sources in a lawsuit filed against the Justice Department by Steven J. Hatfill, the former Army scientist who has been investigated in the 2001 anthrax attacks.

In addition, at least two other reporters have been subpoenaed to answer questions in the suit, including Allan Lengel of The Washington Post.

Hatfill's lawsuit, filed in 2003 in U.S. District Court in Washington, accuses the Justice Department of violating the Privacy Act and his civil rights by labeling him a "person of interest" in the mailings of envelopes containing anthrax bacteria. He has denied any part in the mailings, which killed five people. No arrests have been made in the case...

Michael Isikoff of Newsweek and Brian Ross of ABC, (are) the two reporters who have appeared at depositions. Both asserted a privilege under the First Amendment and federal common law not to be required to identify confidential sources, Baine said.

Newsweek's Washington bureau chief, Dan Klaidman, also has been subpoenaed, but no date has been set for his deposition, Baine said.

Sources said Hatfill's lawyers also intend to question Jim Stewart of CBS.

The Justice Department under then-AG John Ashcroft attempted to show they were on top of the case by leaking information to selected reporters, starting with the New York Times' Nick Kristof.