Misc. No. 08-00576 (RCL) (D.D.C. Nov. 25, 2008)

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In Matter of Application of New York Times Company

United States District Court, D. Columbia

Nov 25, 2008

Misc. No. 08-00576 (RCL) (D.D.C. Nov. 25, 2008)

Opinion

Misc. No. 08-00576 (RCL).

November 25, 2008

ORDER

ROYCE LAMBERTH, District Judge

After reviewing the warrant materials in this matter, it is hereby

ORDERED that the redactions proposed by the government are approved, and the redacted materials attached to this order are hereby released. The redactions relate to material that would tend to reveal the identity of a confidential informant, specific identifying information, or other sensitive law enforcement techniques. Further redactions were made regarding information unresponsive to the pending motion. In magistrate number 02-460, the Court's docket reflects that a return was filed. However, the Court was unable to locate a copy of the return in its files and was also unable to locate a copy that could be used to reconstruct the Court's file.

SO ORDERED.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

SEARCH WARRANT

In the Matter of the Search of Residence at _____ _____ Frederick, Maryland, and associated basement storage room, leased to Steven Jay Hatfill, DOB _____ 02-0458W-01 SSN _____ CASE NUMBER: TO: Special Agent Ann Colbert and any Authorized Officer of the United States

Affidavit(s) having been made before me by Special Agent Mark P. Morin who has reason to believe that on the person or on the premises known as (name, description and or location)

residence at ___ Frederick, Maryland, and associated basement storage room, leased to Steven Jay Hatfill, DOB _ SSN ___

in the Distrist of Maryland, there is now concealed a certain person or property, namely (describe the person or property)

hairs, textile fibers. lab equipment or materials used in preparation of select agents, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, handwriting samples, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence

I am satisfied that the affidavits(s) and any recorded testimony establish probable cause to believe that the person or property so described is now concealed on the person or premises above-described and establish grounds for the issuance of this warrant.

YOU ARE HEREBY COMMANDED to search on or before aug 7, 2002

(not to exceed 10 days) the person or place named above for the person property specified, serving this warrant and making the search (in the daytime — 6:00 A.M. to 10:00 P.M.) ( at any time in the day or night as 1 find reasonable cause has been established) and if the person or property be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this Warrant to the undersigned U.S. Judge/U.S. Magistrate Judge, as required by law.

__________________________________________________ Date and Time Issued in Washington, DC pursuant to the domestic terrorism search warrant provisions of the Patriot Act, Section 219, which amended Rule 41(a) ________________________________________________ ___________________________________________________ Name and Title of Judieial Officer Signature of Judicial Officer Exhibit FOR THE DISTRICT OF COLUMBIA Residence at Frederick, Maryland, SEARCH WARRANT and associated basement storage room, leased to Steven Jay Hatfill, DOB SSN UNITED STATES DISTRICT COURT In the Matter of the Search of _____ _____ 02-0458N-01 _____ _____ CASE NUMBER: TO: Special Agent Ann Colbert and any Authorized Officer of the United States

Affidavit(s) having been made before me by Special Agent Mark P. Morin who has reason to believe that on the person or on the premises known as (name, description and or location)

residence at _____, Frederick, Maryland, and associated basement storage room, leased to Steven Jay Hatfill, DOB _____ SSN _____

in the District of Maryland, there is now concealed a certain person or property, namely (describe the person or property)

hairs, textile fibers, lab equipment or materials used in preparation of select agents, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, handwriting samples, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence

to search on or before (Date) (not to exceed 10 days) the person or place named above for the person or property specified, serving this warrant and making the search (in the daytime — 6:00 A.M. to 10:00 P.M.) (at any time in the day or night as I find reasonable cause has been established) and if the person or property be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this warrant to the undersigned U.S. Judge/U.S. Magistrate Judge, as required by law. FOR THE DISTRICT OF COLUMBIA Residence at _____ Frederick, Maryland, APPLICATION AND AFFIDAVIT and associated basement storage room, FOR SEARCH WARRANT leased to Steven Jay Hatfill, DOB SSN _____ Mark P. Morin Special Agent with the Federal Bureau of Investigation ______________________________ Date and Tirne Issued in Washington, DC pursuant to the domestic terrorism search warrant provisions of the Patriot Act, Section 219, which amended Rule 41(a) ______________________________ _______________________________________ Name and Tiut of Judicial Oficer Signature of Judicial Officer UNITED STATES DISTRICT COURT In the Matter of the Search of _____ _____ CASE NUMBER: I being duly sworn depose and say: I am a(n) and have reason to believe (Official Title) that on the person of or on the property or premises known as (name, description and or location) residence at _____ Frederick, Maryland, and associated basement storage room, leased to Steven Jay Hatfill, DOB _____ SSN _____

in the District of Maryland, there is now concealed a certain person or property, namely hairs, textile fibers, lab equipment or materials used in preparation of select agents, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, handwriting samples, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence

which is (state one or more bases for search and seizure set forth under Rule 41(b) of the Federal Rules of Criminal Procedure) evidence relevant to the commission of an act of terrorism, to include the use of a weapon of mass destruction (anthrax) and the murder and attempt to murder officers and employees of the United States

in violation of Title 18 United States Code, Section(s) 2332a and 1114, The facts to support a finding of Probable Cause are as follows:

SEE ATTACHED AFFIDAVIT HEREIN INCORPORATED BY REFERENCE AS IF FULLY RESTATED HEREIN IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE MATTER OF THE SEARCH OF A ) ) RESIDENCE AT _____ ) _____ FREDERICK, MARYLAND, AND ) ASSOCIATED BASEMENT STORAGE ) ROOM, and a ) ) Misc. No. STORAGE LOCKER _____ WITHIN ) _____ ) _____, OCALA, FLORIDA, ) and for the ) ) _____ ) UNDER SEAL to Steven Jay Hatfill who resides in the ) DISTRICT OF COLUMBIA and DISTRICT ) OF MARYLAND )

Continued on the attached sheet and made a part hereof. YES NO Kenneth C. Kohl, AUSA ________________________________ U.S. Attorney's Office, Washington, DC Signature of Affiant (202)616-2139 Mark P. Morin, Special Agent Federal Bureau of Investigation Sworn to before me, and subscribed in my presence ______________________________ Date at Washington, D.C. (pursuant to the domestic terrorism search warrant provisions of the Patriot Act, Section 219, which amended Rule 41(a)) ______________________________ _______________________________________ Name and Title of Judicial Officer Signature of Judicial Officer

AFFIDAVIT IN SUPPORT OF SEARCH WARRANT

I, Mark P. Morin, being duly sworn, depose and say:

1. I have been a Special Agent of the Federal Bureau of Investigation (FBI) for almost seven years. I have conducted criminal investigations involving narcotics and organized crime related offenses. I am also authorized to investigate crimes involving violations of Title 18 U.S.C. Sections 2332(a) and 1114.

2. This affidavit is respectfully submitted, pursuant to the domestic terrorism search warrant provisions of the Patriot Act, section 219, which amended Rule 41(a) of the Federal Rules of Criminal Procedure, in support of an application for a warrant to search a residence commonly known as _____ Frederick, Maryland 21702-4283, and the storage room in the basement associated with that apartment ("Subject Apartment"), and a warrant to search a storage locker numbered _____ located within the _____ in Ocala, Florida ("Subject Storage Locker"), and a warrant to search a 2000 black Chevrolet Camaro, Vehicle Identification Number _____ ("Subject Vehicle") _____ Steven Jay Hatfill resides at the Subject Apartment several days a week, is identified by the Florida Department of Vehicles as the sole owner of the Subject Vehicle, and is the sole renter of the Subject Storage Locker. The Subject Apartment is further described as a red brick building with a beige colored door. The building has four railed balconies and one ground level balcony. The door has a security sticker that says no trespassing, no soliciting. The number _____ is to the right of the door. The apartment door is tan, with a brass handle on the right, a brass peephole/door knocker with the _____ on it, and a sticker on the right side of the door that says "apartment alarmed." The basement storage room has a white door, padlock on the right, and _____ in black lettering on a door. The Subject Storage Locker allegedly contains "medical books and papers" and "personal effects," according to the rental agreement signed by Steven Hatfill, dated September 26, 1994.

3. As I discuss below, there is probable cause to believe that a search of the subject apartment, the storage locker, the subject vehicle, and _____ may result in the collection of evidence relevant to an ongoing criminal investigation into the dissemination of a weapon of mass destruction (anthrax) through the U.S. mail system in September, 2001 and October, 2001 in violation of 18 U.S.C. Sections 2332a and 1114, which killed five people and infected 17 others. The FBI investigation of these incidents has led to the identification of Steven Jay Hatfill as a person of further investigative interest for the reasons set forth in this affidavit:

Factual Background

4. On or about September 18, 2001, at least two envelopes containing anthrax spores were processed at a United States Postal Service processing and distribution center in Hamilton Township, New Jersey. One envelope was addressed to Tom Brokaw of NBC TV, and contained a handwritten note with the following text:

09-11-01

THIS IS NEXT

TAKE PENACILIN NOW

DEATH TO AMERICA

DEATH TO ISRAEL

ALLAH IS GREAT

The second envelope addressed to "EDITOR, NEW YORK POST," also contained anthrax spores and a handwritten note that appears identical to the note found in the Brokaw Letter.

5. On or about October 9, 2001, two more envelopes containing anthrax spores and handwritten notes referring to "09-11-01" were processed at the U.S. Postal Service processing center referred to in ¶ supra. The return addresses on both letters, one of which was addressed to U.S. Senator Thomas Daschle and the other of which was addressed to U.S. Senator Patrick Leahy, were the fictitious address: "4^TH GRADE, GREENDALE SCHOOL, FRANKLIN PARK NJ 08852." Both letters contained the following handwritten text:

09-11-01

YOU CAN NOT STOP US.

WE HAVE THIS ANTHRAX.

YOU DIE NOW.

ARE YOU AFRAID?

DEATH TO AMERICA.

DEATH TO ISRAEL.

ALLAH IS GREAT.

6. According to the Center for Disease Control (CDC), between January 1, 2001 and September 18, 2001, there was only one confirmed case of anthrax in the United States, which resulted from exposure to infected cattle. Agricultural and farm workers exposed to infected animals, such as sheep, goats, and cattle, get the disease on rare occasions. Laboratory technicians have been known to contract anthrax from exposure to bacterial spores in recent decades. There is no record of government officials or media employees contracting anthrax. Overall, there have been fewer than ten anthrax cases in the United States since 1980. Cases of inhalational anthrax are particularly rare, with only twenty reported cases in the last century.

7. Between September 18, 2001 and November 21, 2001, within New York, Washington, Florida and Connecticut, there were at least 22 reported cases of anthrax infection. Eleven of those cases involved inhalational anthrax (from inhaling anthrax spores) and the other eleven cases involved cutaneous anthrax (contracted through the skin). Five of the inhalational victims eventually died of their infection: (1) Robert Stevens, 63, photo editor, American Media Inc., Boca Raton, Florida, died on 10/5/2001; (2) Thomas L. Morris, Jr., 55, postal worker, Brentwood Post Office, Washington, D.C., died on 10/21/2001; (3) Joseph P. Curseen, Jr., 47, postal worker, Brentwood Post Office, Washington, D.C., died on 10/22/2001, (4) Kathy T. Nguyen, 61, hospital employee, New York City, died on 10/31/2001; and (5) Ottilie Lundgren, 94, Oxford, CT, died on 11/21/2001. At least another 269 persons tested positive for exposure to anthrax spores.

8. All of the exposures described above appear to be related to the dissemination of anthrax spores through the U.S. mails in September and October 2001, based on their timing, location, the place of employment of each individual infected, and the identical strain of anthrax found in each letter and in the blood of the five dead victims.

9. The Center for Disease Control in Atlanta examined isolates of the anthrax microorganism extracted from the powder contained in the Brokaw and Daschle letters, as well as blood samples collected from the five decedents. The CDC has determined that the strain of Bacillus anthracis found in each of the decedents' blood is genetically indistinguishable from the strain of anthrax found in the threat letters sent to Mr. Brokaw and Senator Daschle. Each of these isolates contain the same unique combination of eight genetic markers that distinguish this particular anthrax bacteria as the Ames-strain. The Ames.strain is just one of over 200 genetically distinct strains of anthrax throughout the world.

10. Law enforcement officials have spoken to individuals who have knowledge and training about infectious diseases including anthrax. Based upon their scientific expertise, I understand that anthrax is a potentially deadly infectious disease caused by the bacterium Bacillus anthracis. Quantities of Bacillus anthracis can be produced in a scientific laboratory such as those found at universities or other research institutions. Individuals in possession of a stock culture of the Bacillus anthracis bacterium can produce larger quantities by using items in the course of the growth and sporulation process such as: flasks, brewing carboys, glassware, other fermentation vessels, a centrifuge, blood agar plates, petri dishes, yeast or other sources of nutrients required for the growth of bacteria, hoses, mason jars and other storage containers. Anthrax spores can grow at room temperature or in incubators. Refrigerators and freezers can be used to keep Bacillus anthracis in a liquid form. To make dry Bacillus anthracis spores out of a liquid would typically involve use of a lyophilizer (freeze dryer), mortar and pestle, micronizer or milling machine.

11. Working safely with dried anthrax spores requires scientific training and expertise in technical fields such as microbiology or virology.

Fiber Evidence

12. The four envelopes containing the anthrax spores were forwarded to the Trace Evidence Unit of the Federal Bureau of Investigation in Washington, DC for hair and fiber analysis. Several textile fibers were recovered _____ The fibers are believed to be suitable for comparison purposes.

Stephen Jay Hatfill

13. The investigation to date has revealed that Steven Jay Hatfill is a bioterrorism consultant _____ Hatfill is a protege of _____ an expert on biological warfare agents from the United States former offensive bio-program. Steven Hatfill's curriculum vitae claims a "working knowledge of the former U.S. and foreign BW programs, wet and dry BW agents, large scale production of bacterial, rickettsial, and viral BW pathogens and toxins, stabilizers and other additives, former BG simulant production methods . . ." Hatfill is believed to have experience working with various anthrax "simulants," that is, other types of bacillus that mimic the properties of anthracis.

14. Steven Hatfill has a long history of working at scientific laboratories that have the type of equipment that would be necessary to produce the refined Bacillus anthracis contained in the letters. From 09/94 to 09/95, Hatfill worked as a Research Scientist at Oxford University, England. From 09/95 to 09/97, he was a Intramural Research Training Award Program (IRTA) researcher at the National Institutes of Health (NIH). From 09/97 to 09/99, Hatfill was a National Research Council (NRC) researcher at United States Army Medical Research Institute of Infectious Diseases (USAMRIID). From 09/99 to 03/02, Hatfill worked as a Science Applications International Corporation (SAIC) in McLean, Virginia as a consultant for Biowarfare Medical Defense. _____ Hatfill designed and constructed mock terrorist biochemical laboratories _____

15. While employed at USAMRIID in Frederick, Maryland, from 1997 to 1999, Hatfill worked in the laboratory building in which the United States Army houses various biological agents, including the same "Ames" strain of Bacillus anthracis contained in the letters. Hatfill had access to the unlocked storage freezers in which the Ames strain of B.A. was then kept.

16. Steven Hatfill has made statements suggesting that he has previously prepared and used biological agents, including anthrax, on human beings outside the United States. On April 21, 2002, FBI agents interviewed a witness _____ who recalls several statements Hatfill made in _____ describing his years in Africa in the late 1970's and early 1980's. _____

17. According to _____ Steven Hatfill stated in _____ that he (Hatfill) served as a mercenary for the Rhodesia military from 1979-1980, during the very years Rhodesian military and intelligence units are believed to have employed toxic chemical and biological agents against rebels in the closing years of a long and brutal civil war that led to the collapse of the Rhodesian government and the formation of the Zimbabwe state. During a 24 month period in 1979 and 1980, the rebel-held areas of Rhodesia experienced the worst outbreak of anthrax in world history — more than 10, 738 human cases, 182 of them fatal. The epidemic spread to six of eight provinces in a country where anthrax had previously been rare, and only the insurgent-controlled areas (supporting the guerilla war) were affected. According to _____, Hatfill stated that he served in the Rhodesian "Selous Scouts" and worked as a consultant to the Rhodesian Special Branch — the very units that are believed to have been responsible for the anthrax attacks in 1979-1980. Hatfill produced a document purportedly showing the "LD-50" lethal dose rates of anthrax and other biological agents that was based on data he collected while working for the Selous Scouts in Rhodesia. ("LD-50" is the amount of a solid or liquid material that it takes to kill 50% of the human population in a single dose.) Hatfill also boasted that he advised the Rhodesian Special Branch how to lace clothing distributed in rebel-held provinces with a lethal mixture of Organophosphate pesticide and Dimethyl Sulfoxide (DMSO) in order to kill rebel opponents. Hatfill claimed that his suggestion of adding DSMO made the mixture much more deadly and hundreds were killed as a result. _____ the former head of the Rhodesian Central Intelligence Organization during the civil war, has publically admitted that the Rhodesian government deliberately distributed poisoned clothing that resulted in the deaths of hundreds of rebels and civilians.

18. According to _____ Steven Hatfill mentioned in _____ that anthrax would be the biological agent most likely to be used a weapon in a terronst attack in the United States. Hatfill complained that U.S. military and political leaders had not adequately prepared this country to respond to a terrorist biological attack, and that it would take a "Pearl Harbor" — type attack to force them to take the risk seriously. Hatfill showed _____ a copy of a training manual on anthrax that instructed "first responders" who confront anthrax on the field to take Penicillin in order to prevent infection. Hatfill stated that the publication was incorrect, and that the antibiotic of choice to prevent anthrax infection would be Ciprofloxacin (also known as "Cipro"). Hatfill boasted that he is the only scientist in the United States with actual experience dealing with an anthrax outbreak in the field (referring to his years in Rhodesia), and complained that U.S. military and intelligence communities should be talking to paid professionals like himself.

19. In the months before and immediately surrounding the anthrax mailings, Steven Hatfill requested and filled several prescriptions for the antibiotic Cipro. Cipro is used by physicians to fight numerous bacterial organisms, but it is the only Federal Drug Administration (FDA) approved antibiotic recommended for the treatment of a Bacillus anthracis infection. The USAMRIID handbook on "Medical Management of Biological Casualties," published July 1998, recommends that individuals infected with Bacillus anthracis and persons seeking to prevent anthrax infection be placed on a multi-week regimen of 500 milligram doses of Cipro. During an interview with FBI agents on March 27, 2002, Steven Hatfill denied taking any Cipro during the months of September and October of 2001. However, a review of pharmacy business records reveals that exactly two days before the first anthrax letters were mailed (postmarked) on September 18, 2001, Steven Hatfill filled a prescription for forty 500 mg tablets of Cipro at the CVS pharmacy located near his home in Frederick, Maryland. Exactly two days before the second group of anthrax letters were mailed (postmarked) on October 9, 2001, Hatfill filled another prescription for thirty more 500 mg tablets of Cipro at the same CVS pharmacy. Additional Cipro prescriptions were filled by Hatfill on January 9, 2001 (20 tablets), July 1, 2001 (20 tablets), and November 10, 2001 (30 tablets).

20. During another interview with FBI agents in October, 2001, Steven Hatfill stated that he maintains a small suspension of an anthrax simulant, Bacillus globigii (BG), at his apartment which he received a couple years ago _____

21. In a January 26, 1998 Insight magazine article, Steven Hatfill reportedly demonstrated in his own. kitchen how someone could "cook up a batch of plague in his or her own kitchen using common household ingredients and protective equipment from a supermarket." Other sources have also stated that Hatfill has produced bio-weapon simulants in his home and has the ability to produce very fine powders similar to those contained in the anthrax letters. Hatfill told _____ that he had, in fact, produced a quantity of Bubonic Plague, and had also acquired the active agent that causes Bovine Spongiform Encephalopathy ("Mad Cow Disease"). Hatfill stated that he stored the agent in his refrigerator and he discussed how easy it would be to destroy substantial portions of the American beef and dairy industry.

22. In a fictional book Mr. Hatfill wrote but never published in 1999, he discussed in detail how a terrorist might acquire, produce and release a lethal pathogen like anthrax or pestis in the United States with deadly consequences. Hatfill describes in his book how a terrorist might purchase lab equipment without arousing suspicion by setting up a "false small business" which, according to Hatfill, "normally involves nothing more complicated than obtaining a business license for tax purposes and filling in a document termed an Alternate Name Statement."

Prior Search of the Subject Premises

23. A search of the two subject premises and the subject vehicle was conducted with Steven Hatfill's written consent on June 25 and 26, 2002. Those searches were performed within a limited time frame and several hours were lost at his apartment while Mr. Hatfill was given an opportunity to consult with his attorney. The previous searches involved a forensic swabbing of each location for the presence of Bacillus anthracis (which were negative), a relevant search for documents, but not a detailed examination of all of Mr. Hatfill's documents and papers. Mr. Hatfill consented to the seizure of his laptop computer and certain handwritten notes referring to the production of anthrax, as well as other items. None of the premises were specifically searched for the presence of hair or textile fibers that may match those recovered from the anthrax letters.

Scope of the Search

24. Based on the foregoing, I submit that there is probable cause to believe that a search of the Subject Apartment, Subject Storage Locker, the Subject Vehicle _____ may result in collection of evidence relevant to the dissemination of a weapon of mass destruction (anthrax) through the U.S. mail system in September, 2001 and October, 2001 in violation of 18 U.S.C. Sections 2332a and 1114. Specifically, there is probable cause to believe that a search and vacuum sweeping of the three subject premises _____ may reveal lab equipment or materials used in preparation of the deadly anthrax contained in the letters, or may produce hairs, textile fibers, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence that may link Stephen Jay Hatfill to the anthrax mailings, to the location of a laboratory, and may identify coconspirators involved in the attacks.

_____

31. Because this affidavit is part of an ongoing investigation that would be jeopardized by premature disclosure of information, I further request that this Affidavit, the accompanying order, and other related documents be filed under seal until further order of the Court.

32. The statements contained in this affidavit are based in part on information provided by FBI Special Agents, on information provided by confidential sources, on observations made by law enforcement agents, and on my experience and background as an FBI Special Agent, I have not included each and every fact known to me concerning this investigation. I have set forth only the facts that I believe are necessary to establish the necessary foundation for the search warrant.

WHEREFORE, I respectfully request that the Court issue the search warrants for the Subject Apartment, Subject Storage Locker and Subject Vehicle, _____ Special Agents of the Federal Bureau of Investigation and law enforcement officers working with the FBI _____^st DEBORAH A. ROBINSON U.S. MAGISTRATE JUDGE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SEARCH WARRANT

______________________________ MARK P. MORIN Special Agent Federal Bureau of Investigation Sworn to before me this 31 day of July, 2002 ______________________________ U.S. MAGISTRATE JUDGE United States District Court for the District of Columbia In the Matter of the Search of Storage Locker _____ within the _____ _____, Ocala, Florida rented to Steven Jay Hatfill, DOB _____ SSN _____ CASE NUMBER: 02-0459N-01 TO: Special Agent Pam Piersanti and any Authorized Officer of the United States

Affidavit(s) having been made before me by Special Agent Mark P. Morin who has reason to believe that on the person or on the premises known as (name, description and or location)

storage locker _____ in Ocala, Florida

in the Middle District of Florida, there is now concealed a certain person or property, namely (describe the person or property)

hairs, textile fibers, lab equipment or materials used in preparation of select agents, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, handwriting samples, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence

to search on or before (Date) (not to exceed 10 days) the person or place named above for the person or property specified, serving this warrant and making the search (in the daytime — 6:00 A.M. to 10:00 P.M.) (at any time in the day or night as I find reasonable cause has been established) and if the person or property be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this warrant to the undersigned U.S. Judge U.S. Magistrate Judge, as required by law. __________________________________________________ Date and Time Issued in Washington. DC pursuant to the domestic terrorism search warrant provisions of the Patriot Act, Section 219, which amended Rule 41(a) __________________________________________________ __________________________________________________ Name and Tile of Judicial Officer Signature of Judicial Officer Exhibit FOR THE DISTRICT OF COLUMBIA Storage Locker _____ within the _____ located SEARCH WARRANT _____ Ocala, Florida rented to Steven Jay Hatfill, DOB _____, SSN _____ UNITED STATES DISTRICT COURT In the Matter of the Search of CASE NUMBER: 02-0459N-01 TO: Special Agent Pam Piersanti and any Authorized Officer of the United States

Affidavit(s) having been made before me by Special Agent Mark P. Morin who has reason to believe that on the person or on the premises known as (name, description and or location)

storage locker _____ in Ocala, Florida

in the Middle District of Florida, there is now concealed a certain person or property, namely (describe the person or property)

hairs, textile fibers, lab equipment or materials used in preparation of select agents, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, handwriting samples, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence

to search on or before ______________________________ (Date) (not to exceed 10 days) the person or place named above for the person or property specified, serving this warrant and making the search (in the daytime — 6:00 A.M. to 10:00 P.M.) (at any time in the day or night as I find reasonable cause has been established) and if the person or property be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this warrant to the undersigned U.S. Judge/U.S. Magistrate Judge, as required by law. FOR THE DISTRICT OF COLUMBIA Storage Locker _____, within the _____ located APPLICATION AND AFFIDAVIT _____ Ocala, Florida FOR SEARCH WARRANT rented to Steven Jay Hatfill, DOB _____ SSN _____ _______________________________ Date and Time Issued in Washington, DC pursuant to the domestic terrorism search warrant provisions of the Patriot Act, Section 219, which amended Rule 41(a) _________________________________________ _________________________________________ Name and The of Judicial Officer Signature of Judicial Officer UNITED STATES DISTRICT COURT In the Matter of the Search of CASE NUMBER: 02-0459N-01 I Mark P. Morin being duly sworn depose and say:

I am a(n) Special Agent with the Federal Bureau of Investigation and have reason to believe (Official Title) that on the person of or on the property or premises known as (name, description and or location)

storage locker # _____ in Ocala, Florida

in the Middle District of Florida, there is now concealed a certain person or property, namely hairs, textile fibers, lab equipment or materials used in preparation of select agents, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, handwriting samples, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence

in violation of Title 18 United States Code, Section(s) 2332a and 1114. The facts to support a finding of Probable Cause are as follows:

SEE ATTACHED AFFIDAVIT HEREIN INCORPORATED BY REFERENCE AS IF FULLY RESTATED HEREIN IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE MATTER OF THE SEARCH OF A ) _____ RESIDENCE AT _____ ) _____ FREDERICK, MARYLAND, AND ) ASSOCIATED BASEMENT STORAGE ) ROOM, and a ) Misc. No. STORAGE LOCKER _____ WITHIN ) _____ ) _____ OCALA, FLORIDA, ) and for the ) UNDER SEAL _____ to Steven Jay Hatfill who resides in the ) DISTRICT OF COLUMBIA and DISTRICT ) OF MARYLAND )

Continued on the attached sheet and made a part hereof. YES NO Kenneth C. Kohl, AUSA _______________________________________ U.S. Attorney's Office, Washington, DC Signature of Affiant (202) 616-2139 Mark P. Morin, Special Agent Federal Bureau of Investigation Sworn to before me, and subscribed in my presence ______________________________ at Washington, D.C. (pursuant to the domestic terrorism search Date warrant provisions of the Patriot Act, Section 219, which amended Rule 41(a)) ___________________________________________ _______________________________________ Name and Title of Judicial Officer Signature of Judicial Officer ) ) ) )

AFFIDAVIT IN SUPPORT OF SEARCH WARRANT

I, Mark P. Morin, being duly sworn, depose and say:

2. This affidavit is respectfully submitted, pursuant to the domestic terrorism search warrant provisions of the Patriot Act, section 219, which amended Rule 41(a) of the Federal Rules of Criminal Procedure, in support of an application for a warrant to search a residence commonly known as _____ Frederick, Maryland 21702-4283, and the storage room in the basement associated with that apartment ("Subject Apartment"), and a warrant to search a storage locker numbered _____ _____, in Ocala, Florida ("Subject Storage Locker"), and a warrant to search a 2000 black Chevrolet Camaro, Vehicle Identification Number _____ ("Subject Vehicle") and _____ Steven Jay Hatfill resides at the Subject Apartment several days a week, is identified by the Florida Department of Vehicles as the sole owner of the Subject Vehicle, and is the sole renter of the Subject Storage Locker. The Subject Apartment is further described as a red brick building with a beige colored door. The building has four railed balconies and one ground level balcony. The door has a security sticker that says no trespassing, no soliciting. The number _____ is to the right of the door. The apartment door is tan, with a brass handle on the right, a brass peephole/door knocker with the _____ on it, and a sticker on the right side of the door that says "apartment alarmed." The basement storage room has a white door, padlock on the right, and _____ in black lettering on a door. The Subject Storage Locker allegedly contains "medical books and papers" and "personal effects," according to the rental agreement signed by Steven Hatfill, dated September 26, 1994.

3. As I discuss below, there is probable cause to believe that a search of the subject apartment, the storage locker, the subject vehicle, _____ _____ may result in the collection of evidence relevant to an ongoing criminal investigation into the dissemination of a weapon of mass destruction (anthrax) through the U.S. mail system in September, 2001 and October, 2001 in violation of 18 U.S.C. Sections 2332a and 1114, which killed five people and infected 17 others. The FBI investigation of these incidents has led to the identification of Steven Jay-Hatfill as a person of further investigative interest for the reasons set forth in this affidavit:

Factual Background

09-11-01

THIS IS NEXT

TAKE PENACILIN NOW

DEATH TO AMERICA

DEATH TO ISRAEL

ALLAH IS GREAT

The second envelope addressed to "EDITOR, NEW YORK POST," also contained anthrax spores and a handwritten note that appears identical to the note found in the Brokaw Letter.

5. On or about October 9, 2001, two more envelopes containing anthrax spores and handwritten notes referring to "09-11-01" were processed at the U.S. Postal Service processing center referred to in ¶ 2, supra. The return addresses on both letters, one of which was addressed to U.S. Senator Thomas Daschle and the other of which was addressed to U.S. Senator Patrick Leahy, were the fictitious address: "4^TH GRADE, GREENDALE SCHOOL, FRANKLIN PARK NJ 08852." Both letters contained the following handwritten text:

09-11-01

YOU CAN NOT STOP US.

WE HAVE THIS ANTHRAX.

YOU DIE NOW.

ARE YOU AFRAID?

DEATH TO AMERICA.

DEATH TO ISRAEL.

ALLAH IS GREAT.

9. The Center for Disease Control in Atlanta examined isolates of the anthrax microorganism extracted from the powder contained in the Brokaw and Daschle letters, as well as blood samples collected from the five decedents. The CDC has determined that the strain of Bacillus anthracis found in each of the decedents' blood is genetically indistinguishable from the strain of anthrax found in the threat letters sent to Mr. Brokaw and Senator Daschle. Each of these isolates contain the same unique combination of eight genetic markers that distinguish this particular anthrax bacteria as the Ames-strain. The Ames strain is just one of over 200 genetically distinct strains of anthrax throughout the world.

11. Working safely with dried anthrax spores requires scientific training and expertise in technical fields such as microbiology or virology.

Fiber Evidence

12. The four envelopes containing the anthrax spores were.forwarded to the Trace Evidence Unit of the Federal Bureau of Investigation in Washington, DC for hair and fiber analysis. Several textile fibers were recovered _____ _____ The fibers are believed to be suitable for comparison purposes.

Stephen Jay Hatfill

13. The investigation to date has revealed that Steven Jay Hatfill is a bioterrorism consultant _____ _____ Hatfill is a protege of _____ an expert on biological warfare agents from the United States former offensive bio-program. Steven Hatfill's curriculum vitae claims a "working knowledge of the former U.S. and foreign BW programs, wet and dry BW agents, large scale production of bacterial, rickettsial, and viral BW pathogens and toxins, stabilizers and other additives, former BG simulant production methods . . ." Hatfill is believed to have experience working with various anthrax "simulants," that is, other types of bacillus that mimic the properties of anthracis.

14. Steven Hatfill has a long history of working at scientific laboratories that have the type of equipment that would be necessary to produce the refined Bacillus anthracis contained in the letters. From 09/94 to 09/95, Hatfill worked as a Research Scientist at Oxford University, England. From 09/95 to 09/97, he was a Intramural Research Training Award Program (IRTA) researcher at the National Institutes of Health (NIH). From 09/97 to 09/99, Hatfill was a National Research Council (NRC) researcher at United States Army Medical Research Institute of Infectious Diseases (USAMRID). From 09/99 to 03/02, Hatfill worked as a Science Applications International Corporation (SAIC) in McLean, Virginia as a consultant for Biowarfare Medical Defense. _____ Hatfill designed and constructed mock terrorist biochemical laboratories _____

17. According to _____ Steven Hatfill stated _____ that he (Hatfill) served as a mercenary for the Rhodesia military from 1979-1980, during the very years Rhodesian military and intelligence units are believed to have employed toxic chemical and biological agents against rebels in the closing years of a long and brutal civil war that led to the collapse of the Rhodesian government and the formation of the Zimbabwe state. During a 24 month period in 1979 and 1980, the rebel-held areas of Rhodesia experienced the worst outbreak of anthrax in world history — more than 10,738 human cases, 182 of them fatal. The epidemic spread to six of eight provinces in a country where anthrax had previously been rare, and only the insurgent-controlled areas (supporting the guerilla war) were affected. According to _____ Hatfill stated that he served in the Rhodesian "Selous Scouts" and worked as a consultant to the Rhodesian Special Branch — the very units that are believed to have been responsible for the anthrax attacks in 1979-1980. Hatfill produced a document purportedly showing the "LD-50" lethal dose rates of anthrax and other biological agents that was based on data he collected while working for the Selous Scouts in Rhodesia. ("LD-50" is the amount of a solid or liquid material that it takes to kill 50% of the human population in a single dose.) Hatfill also boasted that he advised the Rhodesian Special Branch how to lace clothing distributed in rebel-held provinces with a lethal mixture of Organophosphate pesticide and Dimethyl Sulfoxide (DMSO) in order to kill rebel opponents. Hatfill claimed that his suggestion of adding DSMO made the mixture much more deadly and hundreds were killed as a result. _____ the former head of the Rhodesian Central Intelligence Organization during the civil war, has publically admitted that the Rhodesian government deliberately distributed poisoned clothing that resulted in the deaths of hundreds of rebels and civilians.

18. According to _____ Steven Hatfill mentioned _____ that anthrax would be the biological agent most likely to be used a weapon in a terrorist attack in the United States. Hatfill complained that U.S. military and political leaders had not adequately prepared this country to respond to a terrorist biological attack, and that it would take a "Pearl Harbor" — type attack to force them to take the risk seriously. Hatfill showed _____ a copy of a training manual on anthrax that instructed "first responders" who confront anthrax on the field to take Penicillin in order to prevent infection. Hatfill stated that the publication was incorrect, and that the antibiotic of choice to prevent anthrax infection would be Ciprofloxacin (also known as "Cipro"). Hatfill boasted that he is the only scientist in the United States with actual experience dealing with an anthrax outbreak in the field (referring to his years in Rhodesia), and complained that U.S. military and intelligence communities should be talking to paid professionals like himself.

19. In the months before and immediately surrounding the anthrax mailings, Steven Hatfill requested and filled several prescriptions for the antibiotic Cipro. Cipro is used by physicians to fight numerous bacterial organisms, but it is the only Federal Drug Administration (FDA) approved antibiotic recommended for the treatment of a Bacillus anthracis infection. The USAMRIID handbook on "Medical Management of Biological Casualties," published July 1998, recommends that individuals infected with Bacillus anthracis and persons seeking to prevent anthrax infection be placed on a multi-week regimen of 500 milligram doses of Cipro, During an interview with FBI agents on March 27, 2002, Steven Hatfill denied taking any Cipro during the months of September and October of 2001. However, a review of pharmacy business records reveals that exactly two days before the first anthrax letters were mailed (postmarked) on September 18, 2001, Steven Hatfill filled a prescription for forty 500 mg tablets of Cipro at the CVS pharmacy located near his home in Frederick, Maryland. Exactly two days before the second group of anthrax letters were mailed (postmarked) on October 9, 2001, Hatfill filled another prescription for thirty more 500 mg tablets of Cipro at the same CVS pharmacy. Additional Cipro prescriptions were filled by Hatfill on January 9, 2001 (20 tablets), July 1, 2001 (20 tablets), and November 10, 2001 (30 tablets).

21. In a January 26, 1998 Insight magazine article, Steven Hatfill reportedly demonstrated in his own kitchen how someone could "cook up a batch of plague in his or her own kitchen using common household ingredients and protective equipment from a supermarket." Other sources have also stated that Hatfill has produced bio-weapon simulants in his home and has the ability to produce very fine powders similar to those contained in the anthrax letters. Hatfill told _____ that he had, in fact, produced a quantity of Bubonic Plague, and had also acquired the active agent that causes Bovine Spongiform Encephalopathy ("Mad Cow Disease"). Hatfill stated that he stored the agent in his refrigerator and he discussed how easy it would be to destroy substantial portions of the American beef and dairy industry.

Prior Search of the Subject Premises

Scope of the Search

24. Based on the foregoing, I submit that there is probable cause to believe that a search of the Subject Apartment, Subject Storage Locker, the Subject Vehicle _____ _____ may result in collection of evidence relevant to the dissemination of a weapon of mass destruction (anthrax) through the U.S. mail system in September, 2001 and October, 2001 in violation of 18 U.S.C. Sections 2332a and 1114. Specifically, there is probable cause to believe that a search and vacuum sweeping of the three subject premises _____ may reveal lab equipment or materials used in preparation of the deadly anthrax contained in the letters, or may produce hairs, textile fibers, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence that may link Stephen Jay Hatfill to the anthrax mailings, to the location of a laboratory, and may identify coconspirators involved in the attacks.

_____

32. The statements contained in this affidavit are based in part on information provided by FBI Special Agents, on information provided by confidential sources, on observations made by law enforcement agents, and on my experience and background as an FBI Special Agent. I have not included each and every fact known to me concerning this investigation. I have set forth only the facts that I believe are necessary to establish the necessary foundation for the search warrant.

WHEREFORE, I respectfully request that the Court issue the search warrants for the Subject Apartment, Subject Storage Locker and _____ Subject Vehicle, and Special Agents of the Federal Bureau of Investigation and law enforcement officers working with the FBI_____^st DEBORAH A. ROBINSON U.S. MAGISTRATE JUDGE FOR THE DISTRICT OF COLUMBIA 2000 black Chevrolet Camaro, bearing VIN _____, registered SEARCH WARRANT to Steven Jay Hatfill, DOB _____ SSN _____ _____ Frederick, MD

______________________________ MARK P. MORIN Special Agent Federal Bureau of Investigation Sworn to before me this 31 day of July, 2002 ______________________________ U.S. MAGISTRATE JUDGE United States District Court for the District of Columbia UNITED STATES DISTRICT COURT In the Matter of the Search of CASE NUMBER: 02-0460N-01 TO: Special Agent David Raymond and any Authorized Officer of the United States

Affidavit(s) having been made before me by Special Agent Mark P. Morin who has reason to believe that on the person or on the premises known as (name, description and or location)

2000 black Chevrolet Camaro, bearing VIN _ registered to Steven Jay Hatfill, DOB _ Frederick, MD

in the District of Maryland, there is now concealed a certain person or property, namely (describe the person or property)

hairs, textile fibers, lab equipment or materials used in preparation of select agents, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, handwriting samples, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence

to search on or before (Date) (not to exceed 10 days) the person or place named above for the person or property specified, serving this warrant and making the search (in the daytime — 6:00 A.M. to 10:00 P.M.) (at any time in the day or night as I find reasonable cause has been established) and if the person or property be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this warrant to the undersigned U.S. Judge/U.S. Magistrate Judge, as required by law. FOR THE DISTRICT OF COLUMBIA 2000 black Chevrolet Camaro, bearing VIN _____ registered APPLICATION AND AFFIDAVIT to Steven Jay Hatfill, DOB _____ FOR SEARCH WARRANT SSN _____ _____ Frederick, MD Mark P. Morin Special Agent with the Federal Bureau of Investigation ______________________________ Date and Time Issued in Washington, DC pursuant to the domestic terrorism search warrant provisions of the Patriot Act, Section 219, which amended Rule 41(a) ______________________________ ________________________________________ Name and Title of Judicial Officer Signature of Judicial Officer UNITED STATES DISTRICT COURT In the Matter of the Search of CASE NUMBER: 02-0460N-01 I being duly sworn depose and say: I am a(n) and have reason to believe (Official Title) that on the person of or on the property or premises known as (name, description and or location) 2000 black Chevrolet Camaro, bearing VIN # _____ registered to Steven Jay Hatfill, DOB _____ Frederick, MD

in the District of Maryland, there is now concealed a certain person or property, namely

hairs, textile fibers, lab equipment or materials used in preparation of select agents, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, handwriting samples, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence

in violation of Title 18 United States Code, Section(s) 2332a and 1114. The facts to support a finding of Probable Cause are as follows:

SEE ATTACHED AFFIDAVIT HEREIN INCORPORATED BY REFERENCE AS IF FULLY RESTATED HEREIN IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE MATTER OF THE SEARCH OF A ) RESIDENCE AT _____ ) _____ FREDERICK, MARYLAND, AND ) ASSOCIATED BASEMENT STORAGE ) ROOM, and a ) ) Misc. No. STORAGE LOCKER _____ WITHIN ) _____ ) _____ STREET, OCALA, FLORIDA, ) and for the ) ) UNDER SEAL ) to Steven Jay Hatfill who resides in the ) DISTRICT OF COLUMBIA and DISTRICT ) OF MARYLAND )

Continued on the attached sheet and made a part hereof. YES NO Kenneth C. Kohl, AUSA ________________________________________ U.S. Attorney's Office, Washington, DC Signature of Affiant (202) 616-2139 Mark P. Morin, Special Agent Federal Bureau of Investigation Sworn to before me, and subscribed in my presence ______________________________ at Washington, D.C. (pursuant to the domestic terrorism search Date warrant provisions of the Patriot Act, Section 219, which amended Rule 41(a)) ______________________________ ________________________________________ Name and Title of Judicial Officer Signature of Judicial Officer ) _____

AFFIDAVIT IN SUPPORT OF SEARCH WARRANT

I, Mark P. Morin, being duly sworn, depose and say:

2. This affidavit is respectfully submitted, pursuant to the domestic terrorism search warrant provisions of the Patriot Act, section 219, which amended Rule 41(a) of the Federal Rules of Criminal Procedure, in support of an application for a warrant to search a residence commonly known as _____ Frederick, Maryland 21702-4283, and the storage room in the basement associated with that apartment ("Subject Apartment"), and a warrant to search a storage locker numbered _____ located within the _____ in Ocala, Florida ("Subject Storage Locker"), and a warrant to search a 2000 black Chevrolet Camaro, Vehicle Identification Number _____ ("Subject Vehicle") and _____ Steven Jay Hatfill resides at the Subject Apartment several days a week, is identified by the Florida Department of Vehicles as the sole owner of the Subject Vehicle, and is the sole renter of the Subject Storage Locker. The Subject Apartment is further described as a red brick building with a beige colored door. The building has four railed balconies and one ground level balcony. The door has a security sticker that says no trespassing, no soliciting. The number _____ is to the right of the door. The apartment door is tan, with a brass handle on the right, a brass peephole/door knocker with the _____ on it, and a sticker on the right side of the door that says "apartment alarmed." The basement storage room has a white door, padlock on the right, and _____ in black lettering on a door. The Subject Storage Locker allegedly contains "medical books and papers" and "personal effects," according to the rental agreement signed by Steven Hatfill, dated September 26, 1994.

Factual Background

09-11-01

THIS IS NEXT

TAKE PENACILIN NOW

DEATH TO AMERICA

DEATH TO ISRAEL

ALLAH IS GREAT

The second envelope addressed to "EDITOR, NEW YORK POST," also contained anthrax spores and a handwritten note that appears identical to the note found in the Brokaw Letter.

09-11-01

YOU CAN NOT STOP US.

WE HAVE THIS ANTHRAX.

YOU DIE NOW.

ARE YOU AFRAID?

DEATH TO AMERICA.

DEATH TO ISRAEL.

ALLAH IS GREAT.

9. The Center for Disease Control in Atlanta examined isolates of the anthrax microorganism extracted from the powder contained in the Brokaw and Daschle letters, as well as blood samples collected from the five decedents. The CDC has determined that the strain of Bacillus anthracis found in each of the decedents' blood is genetically indistinguishable from the strain of anthrax found in the threat letters sent to Mr. Brokaw and Senator Daschle. Each of these isolates contain the same unique combination of eight genetic markers that distinguish this particular anthrax bacteria as the Ames-strain. The Ames strain is just one of over 200 genetically distinct strains of anthrax throughout the world.

10. Law enforcement officials have spoken to individuals who have knowledge and training about infectious diseases including anthrax. Based upon their scientific expertise, I understand that anthrax is a potentially deadly infectious disease caused by the bacterium Bacillus anthracis. Quantities of Bacillus anthracis can be produced in a scientific laboratory such as those found at universities or other research institutions. Individuals in possession of a stock culture of the Bacillus anthracis bacterium can produce larger quantities by using items in the course of the growth and sporulation process such as: flasks, brewing carboys, glassware, other fermentation vessels, a centrifuge, blood agar plates, petri dishes, yeast or other sources of nutrients required for the growth of bacteria, hoses, mason jars and other storage containers. Anthrax spores can grow at room temperature or in incubators. Refrigerators and freezers can be used to keep Bacillus anthracis in a liquid form. To make dry Bacillus anthracis spores out of a liquid would typically involve use of a lyophilizer (freeze dryer), mortar and pestle, micronizer or milling machine.

11. Working safely with dried anthrax spores requires scientific training and expertise in technical fields such as microbiology or virology.

Fiber Evidence

Stephen Jay Hatfill

13. The investigation to date has revealed that Steven Jay Hatfill is a bioterrorism consultant _____ Hatfill is a protege of _____ an expert on biological warfare agents from the United States former offensive bio-program. Steven Hatfill's curriculum vitae claims a "working knowledge of the former U.S. and foreign BW programs, wet and dry BW agents, large scale production of bacterial, rickettsial, and viral BW pathogens and toxins, stabilizers and other additives, former BG simulant production methods . . ." Hatfill is believed to have experience working with various anthrax "simulants," that is, other types of bacillus that mimic the properties of anthracis.

17. According to _____ Steven Hatfill stated in _____ that he (Hatfill) served as a mercenary for the Rhodesia military from 1979-1980, during the very years Rhodesian military and intelligence units are believed to have employed toxic chemical and biological agents against rebels in the closing years of a long and brutal civil war that led to the collapse of the Rhodesian government and the formation of the Zimbabwe state. During a 24 month period in 1979 and 1980, the rebel-held areas of Rhodesia experienced the worst outbreak of anthrax in world history — more than 10,738 human cases, 182 of them fatal. The epidemic spread to six of eight provinces in a country where anthrax had previously been rare, and only the insurgent-controlled areas (supporting the guerilla war) were affected. According to _____ Hatfill stated that he served in the Rhodesian "Selous Scouts" and worked as a consultant to the Rhodesian Special Branch — the very units that are believed to have been responsible for the anthrax attacks in 1979-1980. Hatfill produced a document purportedly showing the "LD-50" lethal dose rates of anthrax and other biological agents that was based on data he collected while working for the Selous Scouts in Rhodesia. ("LD-50" is the amount of a solid or liquid material that it takes to kill 50% of the human population in a single dose.) Hatfill also boasted that he advised the Rhodesian Special Branch how to lace clothing distributed in rebel-held provinces with a lethal mixture of Organophosphate pesticide and Dimethyl Sulfoxide (DMSO) in order to kill rebel opponents. Hatfill claimed that his suggestion of adding DSMO made the mixture much more deadly and hundreds were killed as a result. _____ the former head of the Rhodesian Central Intelligence Organization during the civil war, has publically admitted that the Rhodesian government deliberately distributed poisoned clothing that resulted in the deaths of hundreds of rebels and civilians.

Prior Search of the Subject Premises

Scope of the Search

_____

32. The statements contained in this affidavit are based in part on information provided by FBI Special Agents, on information provided by confidential sources, on observations made by law enforcement agents, and on my experience and background as an FBI Special Agent. I have not included each and every fact known to me concerning this investigation. I have set forth only the facts that I believe are necessary to establish the necessary foundation for the search warrant.

WHEREFORE, I respectfully request that the Court issue the search warrants for the Subject Apartment, Subject Storage Locker and Subject Vehicle, _____ Special Agents of the Federal Bureau of Investigation and law enforcement officers working with the FB _____^st DEBORAH A. ROBINSON U.S. MAGISTRATE JUDGE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Residence at _____ _____, in Washington, DC, and SEARCH WARRANT Associated Basement Storage Area

______________________________ MARK P. MORIN Special Agent Federal Bureau of Investigation Swom to before me this 31 day of July, 2002 ______________________________ U.S. MAGISTRATE JUDGE United States District Court for the District of Columbia In the Matter of the Search of CASE NUMBER: 02-0461N-01 TO: Special Agent John Nagashima and any Authorized Officer of the United States

Affidavit(s) having been made before me by Special Agent Mark P. Morin who has reason to believe that on the person or on the premises known as (name, description and or location)

_____ Residence at _____, in Ocala, Florida in the Middle District of Florida, there is now concealed a certain person or property, namely (describe the person or property)

hairs, textile fibers, lab equipment or materials used in preparation of select agents, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, handwriting samples, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence.

to search on or before (Date) (not to exceed 10 days) the person or place named above for the person or property specified, serving this warrant and making the search (in the daytime — 6:00 A.M. to 10:00 P.M.) (at any time in the day or night as I find reasonable cause has been established) and if the person or property be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this warrant to the undersigned U.S. Judge/U.S. Magistrate Judge, as required by law.7/31/02 e 11:12 pm RETURN August 2, 2002 Date and Time Issued in Washington, DC pursuant to the domestic terrorism search warrant provisions of the Patriot Act, Section 219, which amended Rule 41(a) ____________________________________________ ____________________________________________ Name and Title of Judicial Office Signature of Judicial Officer DATE WARRANT RECEIVED DATE AND TIME WARRANT EXECUTED COPY OF WARRANT AND RECEIPT FOR ITEMS LEFT WTTH 07-31-02 08-01-02 \ 9:20 pm INVENTORY MADE IN THE PRESENCE OF — INVENTORY OF PERSON OR PROPERTY TAKEN PURSUANT TO THE WARRANT Please See Attached CERTIFICATION I swear that this inventory is a true and detailed account of the person or property taken by me on the warrant. _________________________________________________ Subscribed, sworn to, and returned before me this date. _________________________________________________ U.S. Judge or U.S. Magistrate Judge Date Exhibit UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Residence at _____ _____ in Washington, DC, and SEARCH WARRANT Associated Basement Storage Area In the Matter of the Search of CASE NUMBER: 02-0461N-01 TO: Special Agent John Nagashima and any Authorized Officer of the United States

Affidavi:(s) having been made before me by Special Agent Mark P. Morin who has reason to believe that on the person or on the premises known as (name, description and or location)

_____

in the District of Maryland, there is now concealed a certain person or property, namely (describe the person or property)

hairs, textile fibers, lab equipment or materials used in preparation of select agents, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, handwriting samples, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence.

to search on or before (Date) (not to exceed 10 days) the person or place named above for the person or property specified, serving this warrant and making the search (in the daytime — 6:00 A.M. to 10:00 P.M.) (at any time in the day or night as I find reasonable cause has been established) and if the person or property be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this warrant to the undersigned U.S. Judge/U.S. Magistrate Judge, as required by law. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Residence at _____ Northwest, Apartment _____ APPLICATION AND AFFIDAVIT Washington, DC and Associated FOR SEARCH WARRANT Basement Storage Room. Mark P. Morin Special Agent with the Federal Bureau of Investigation __________________________________________________ Date and Time Issued in Washington, DC pursuant to the domestic terrorism search warrant provisions of the Patriot Act, Section 219, which amended Rule 41(a) __________________________________________________ __________________________________________________ Name and Title of Judicial Officer Signature of Judicial Officer In the Matter of the Search of CASE NUMBER: 02-0461N-01 I being duly sworn depose and say: I am a(n) and have reason to believe (Official Title) that on the person of or on the property or premises known as (name, description and or location) Residence at _____ Washington, DC and associated basement storage room.

in violation of Title 18 United States Code, Section(s) 2332a and 1114. The facts to support a finding of Probable Cause are as follows:

SEE ATTACHED AFFIDAVIT HEREIN INCORPORATED BY REFERENCE AS IF FULLY RESTATED HEREINUNDER SEAL

Continued on the attached sheet and made a part hereof. YES NO Kenneth C. Kohl, AUSA __________________________________________________ U.S. Attorney's Office, Washington, DC Signature of Affiant (202) 616-2139 Mark P. Morin, Special Agent Federal Bureau of Investigation Sworn to before me, and subscribed in my presence __________________________________________________ at Washington, D.C. (pursuant to the domestic terrorism search Date warrant provisions of the Patriot Act, Section 219, which amended Rule 41(a) __________________________________________________ __________________________________________________ Name and Tile of Judicial Officer Signature of Judicial Officer IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE MATTER OF THE SEARCH OF A ) ) RESIDENCE AT _____ ) Misc. No. ___________, WASHINGTON, DC, ) AND ASSOCIATED BASEMENT STORAGE ) ROOM, and a ) ) 1994 CHAMPAGNE TOYOTA COROLLA ) bearing VIN _____ located ) in WASHINGTON, D.C. )

AFFIDAVIT IN SUPPORT OF SEARCH WARRANT

I, Mark P. Morin, being duly sworn, depose and say:

2. This affidavit is respectfully submitted in support of an application for a warrant to search a residence commonly known as _____ Washington, DC, the storage room in the basement associated with that apartment ("Subject Apartment"), and a 1994 Champagne Toyota Corolla ("Subject Vehicle"). Steven Jay Hatfill resides at the Subject Apartment several days each week with _____ (the lessee of the apartment) _____. The Subject Apartment is further described as a five story red brick building, glass door entrance way with the name _____ in brass numbers located on a red brick column on the right side as you face the entrance, and two elevators inside. On the fifth floor to the right off the elevator is a white wood door with the black number _____ to the right of the handle in the center of the door. Located on the left side of the door is a doorbell. The basement storage consists of a multi-storage area. Each unit is fenced in with chain link fence. The number _____ is attached to the fence which surrounds the cubicle, approximately 4x6x6. There is approximately six to eight black trash bags. The storage unit is located in the basement behind the underground parking garage. The Subject vehicle is further described as a 1994 Champagne Toyota Corolla, four door, VIN _____, District of Columbia license plate number _____

3. As I discuss below, there is probable cause to believe that a search of the subject apartment and storage room may result in the collection of evidence relevant to an ongoing criminal investigation into the dissemination of a weapon of mass destruction (anthrax) through the U.S. mail system in September, 2001 and October, 2001 in violation of 18 U.S.C. Sections 2332a and 1114, which killed five people and infected 17 others. The FBI investigation of these incidents has led to the identification of Steven Jay Hatfill as a person of further investigative interest for the reasons set forth in this affidavit:

Factual Background

09-11-01

THIS IS NEXT

TAKE PENACILIN NOW

DEATH TO AMERICA

DEATH TO ISRAEL

ALLAH IS GREAT

The second envelope addressed to "EDITOR, NEW YORK POST," also contained anthrax spores and a handwritten note that appears identical to the note found in the Brokaw Letter.

09-11-01

YOU CAN NOT STOP US.

WE HAVE THIS ANTHRAX.

YOU DIE NOW.

ARE YOU AFRAID?

DEATH TO AMERICA.

DEATH TO ISRAEL.

ALLAH IS GREAT.

9. The Center for Disease Control in Atlanta examined isolates of the anthrax microorganism extracted from the powder contained in the Brokaw and Daschle letters, as well as blood samples collected from the five decedents. The CDC has determined that the strain of Bacillus anthracis found in each of the decedents' blood is genetically indistinguishable from the strain of anthrax found in the threat letters sent to Mr. Brokaw and Senator Daschle. Each of these isolates contain the same unique combination of eight genetic markers that distinguish this particular anthrax bacteria as the Ames-strain. The Ames strain is just one of over 200 genetically distinct strains of anthrax throughout the world.

11. Working safely with dried anthrax spores requires scientific training and expertise in technical fields such as microbiology or virology.

Fiber Evidence

12. The four envelopes containing the anthrax spores were forwarded to the Trace Evidence Unit of the Federal Bureau of Investigation in Washington, DC for hair and fiber analysis. Several textile fibers were recovered _____ _____ The fibers are believed to be suitable for comparison purposes.

Steven Jay Hatfill

12. The investigation to date has revealed that Steven Jay Hatfill is a bioterrorism consultant _____ Hatfill is a protege of _____ an expert on biological warfare agents from the United States former offensive bio-program. Steven Hatfill's curriculum vitae claims a "working knowledge of the former U.S. and foreign BW programs, wet and dry BW agents, large scale production of bacterial, rickettsial, and viral BW pathogens and toxins, stabilizers and other additives, former BG simulant production methods . . ." Hatfill is believed to have experience working with various anthrax "simulants," that is, other types of bacillus that mimic the properties of anthracis.

13. Steven Hatfill has a long history of working at scientific laboratories that have the type of equipment that would be necessary to produce the refined Bacillus anthracis contained in the letters. From 09/94 to 09/95, Hatfill worked as a Research Scientist at Oxford University, England. From 09/95 to 09/97, he was a Intramural Research Training Award Program (IRTA) researcher at the National Institutes of Health (NIH). From 09/97 to 09/99, Hatfill was a National Research Council (NRC) researcher at United States Army Medical Research Institute of Infectious Diseases (USAMRIID). From 09/99 to 03/02, Hatfill worked as a Science Applications International Corporation (SAIC) in McLean, Virginia as a consultant for Biowarfare Medical Defense. _____ Hatfill designed and constructed mock terrorist biochemical laboratories _____

14. While employed at USAMRIID in Frederick, Maryland, from 1997 to 1999, Hatfill worked in the laboratory building in which the United States Army houses various biological agents, including the same "Ames" strain of Bacillus anthracis contained in the letters. Hatfill had access to the unlocked storage freezers in which the Ames strain of B.A. was then kept.

15. Steven Hatfill has made statements suggesting that he has previously prepared and used biological agents, including anthrax, on human beings outside the United States. On April 21, 2002, FBI agents interviewed a witness _____ who recalls several statements Hatfill made in _____ describing his years in Africa in the late 1970's and early 1980's. _____ _____

16. According to _____ Steven Hatfill stated _____ that he (Hatfill) served as a mercenary for the Rhodesia military from 1979-1980, during the very years Rhodesian military and intelligence units are believed to have employed toxic chemical and biological agents against rebels in the closing years of a long and brutal civil war that led to the collapse of the Rhodesian government and the formation of the Zimbabwe state. During a 24 month period in 1979 and 1980, the rebel-held areas of Rhodesia experienced the worst outbreak of anthrax in world history — more than 10,738 human cases, 182 of them fatal. The epidemic spread to six of eight provinces in a country where anthrax had previously been rare, and only the insurgent-controlled areas (supporting the guerilla war) were affected. According to _____ Hatfill stated that he served in the Rhodesian "Selous Scouts" and worked as a consultant to the Rhodesian Special Branch — the very units that are believed to have been responsible for the anthrax attacks in 1979-1980. Hatfill produced a document purportedly showing the "LD-50" lethal dose rates of anthrax and other biological agents that was based on data he collected while working for the Selous Scouts in Rhodesia. ("LD-50" is the amount of a solid or liquid material that it takes to kill 50% of the human population in a single dose.) Hatfill also boasted that he advised the Rhodesian Special Branch how to lace clothing distributed in rebel-held provinces with a lethal mixture of Organophosphate pesticide and Dimethyl Sulfoxide (DMSO) in order to kill rebel opponents. Hatfill claimed that his suggestion of adding DSMO made the mixture much more deadly and hundreds were killed as a result. _____ the former head of the Rhodesian Central Intelligence Organization during the civil war, has publically admitted that the Rhodesian government deliberately distributed poisoned clothing that resulted in the deaths of hundreds of rebels and civilians.

17. According to _____, Steven Hatfill mentioned _____ that anthrax would be the biological agent most likely to be used a weapon in a terrorist attack in the United States. Hatfill complained that U.S. military and political leaders had not adequately prepared this country to respond to a terrorist biological attack, and that it would take a "Pearl Harbor" — type attack to force them to take the risk seriously. Hatfill showed _____ a copy of a training manual on anthrax that instructed "first responders" who confront anthrax on the field to take Penicillin in order to prevent infection. Hatfill stated that the publication was incorrect, and that the antibiotic of choice to prevent anthrax infection would be Ciprofloxacin (also known as "Cipro"). Hatfill boasted that he is the only scientist in the United States with actual experience dealing with an anthrax outbreak in the field (referring to his years in Rhodesia), and complained that U.S. military and intelligence communities should be talking to paid professionals like himself.

18. In the months before and immediately surrounding the anthrax mailings, Steven Hatfill reouested and filled several prescriptions for the antibiotic Cipro. Cipro is used by physicians to fight numerous bacterial organisms, but it is the only Federal Drug Administration (FDA) approved antibiotic recommended for the treatment of a Bacillus anthracis infection. The USAMRIID handbook on "Medical Management of Biological Casualties," published July 1998, recommends that individuals infected with Bacillus anthracis and persons seeking to prevent anthrax infection be placed on a multi-week regimen of 500 milligram doses of Cipro. During an interview with FBI agents on March 27, 2002, Steven Hatfill denied taking any Cipro during the months of September and October of 2001. However, a review of pharmacy business records reveals that exactly two days before the first anthrax letters were mailed (postmarked) on September 18, 2001, Steven Hatfill filled a prescription for forty 500 mg tablets of Cipro at the CVS pharmacy located near his home in Frederick, Maryland. Exactly two days before the second group of anthrax letters were mailed (postmarked) on October 9, 2001, Hatfill filled another prescription for thirty more 500 mg tablets of Cipro at the same CVS pharmacy. Additional Cipro prescriptions were filled by Hatfill on January 9, 2001 (20 tablets), July 1, 2001 (20 tablets), and November 10, 2001 (30 tablets).

19. During another interview with FBI agents in October, 2001, Steven Hatfill stated that he maintains a small suspension of an anthrax simulant, Bacillus globigii (BG), at his apartment which he received a couple years ago _____ _____

20. In a January 26, 1998 Insight magazine article, Steven Hatfill reportedly demonstrated in his own kitchen how someone could "cook up a batch of plague in his or her own kitchen using common household ingredients and protective equipment from a supermarket." Other sources have also stated that Hatfill has produced bio-weapon simulants in his home and has the ability to produce very fine powders similar to those contained in the anthrax letters. Hatfill told _____ that he had, in fact, produced a quantity of Bubonic Plague, and had also acquired the active agent that causes Bovine Spongiform Encephalopathy ("Mad Cow Disease"). Hatfill stated that he stored the agent in his refrigerator and he discussed how easy it would be to destroy substantial portions of the American beef and dairy industry.

21. In a fictional book Mr. Hatfill wrote but never published in 1999, he discussed in detail how a terrorist might acquire, produce and release a lethal pathogen like anthrax or pestis in the United States with deadly consequences. Hatfill describes in his book how a terrorist might purchase lab equipment without arousing suspicion by setting up a "false small business" which, according to Hatfill, "normally involves nothing more complicated than obtaining a business license for tax purposes and filling in a document termed an Alternate Name Statement."

Use of the Subject Apartment

22. _____ is the only occupant named on the lease to _____ at ____ Washington, DC. She has resided at that address for over three years. Steven Hatfill has told FBI investigators that _____ and that they have been _____ 1998. Hatfill admits that he stays at _____ partment several days each week. FBI _____ confirmed that, during the past three months, Hatfill has been observed entering and exiting the apartment building at _____ in a manner that is consistent with him living at that location several days per week. Hatfill stayed overnight at that address last evening, July 30, 2002.

Use of the Subject Automobile

23. The subject automobile to registered to _____ Washington, DC. owned the vehicle at the time of the anthrax attacks in September and October, 2001. FBI _____ observed Hatfill drive or riding in the Subject Vehicle on several occasions within the last three months.

Scope of the Search

24. Based on the foregoing, I submit that there is probable cause to believe that a search of the Subject Apartment and Subject Vehicle may result in collection of evidence relevant to the dissemination of a weapon of mass destruction (anthrax) through the U.S. mail system in September, 2001 and October, 2001 in violation of 18 U.S.C. Sections 2332a and 1114. Specifically, there is probable cause to believe that a search and vacuum sweeping of the two premises may reveal lab equipment or materials used in preparation of the deadly anthrax contained in the letters, or may produce hairs, textile fibers, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence that may link Stephen Jay Hatfill to the anthrax mailings, to the location of a laboratory, and may identify coconspirators involved in the attacks.

25. The statements contained in this affidavit are based in part on information provided by FBI Special Agents, on information provided by confidential sources, on observations made by law enforcement agents, and on my experience and background as an FBI Special Agent. I have not included each and every fact known to me concerning this investigation. I have set forth only the facts that I believe are necessary to establish the necessary foundation for the search warrant. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 1994 Champagne Toyota Corolla, bearing VIN # _____ registered SEARCH WARRANT _____ in Washington, DC

In the Matter of the Search of CASE NUMBER: 02-0462N-01 TO: Special Agent John Nagashima and any Authorized Officer of the United States

Affidavit(s) having been made before me by Special Agent Mark P. Morin who has reason to believe that on the person or on the premises known as (name, deseription and or location)

_____ 1994 champagne toyota corrola _____ bearing vin _____ registered in Washington, DC

in the District of Maryland, there is now concealed a certain person or property, namely (describe the person or property)

hairs, textile fibers, lab equipment or materials used in preparation of select agents, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, handwriting samples, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence.

Affidavit(s) having been made before me by Special Agent Mark P. Morin who has reason to believe that on the person or on the premises known as (name, description and or location)

_____ _____ 1994 Champagne Toyota Corolla bearing vin _____ registered to _____, in Washington, DC.

in the District of Maryland, there is now concealed a certain person or property, namely (describe the person or property)

hairs, textile fibers, lab equipment or materials used in preparation of select agents, papers, tape, pens, notes, books, manuals, receipts, financial records of any type, correspondence, address books, handwriting samples, photographs, computer files, cellular phones, phone bills, electronic pager devices, other digital devices, or other documentary evidence.

to search on or before (Date) (not to exceed 10 days) the person or place named above for the person or property specified, serving this warrant and making the search (in the daytime — 6:00 A.M. to 10:00 P.M.) (at any time in the day or night as I find reasonable cause has been established) and if the person or property be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this warrant to the undersigned U.S. Judge/U.S. Magistrate Judge, as required by law.7/31/02 e 11:05 pm UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 1994 Champagne Toyota Corolla, bearing VIN _____ registered APPLICATION AND AFFIDAVIT to _____ FOR SEARCH WARRANT in Washington, DC Date and Time Issued in Washington, DC pursuant to the domestic terrorism search warrant provisions of the Patriot Act, Section 219, which amended Rule 41(a) _____________________________________________ ____________________________________________ Name and Title of Judicial Office Signature of Judicial Officer In the Matter of the Search of CASE NUMBER: 02-0462N-01 I Mark P. Morin being duly sworn depose and say: Special Agent with the Federal Bureau of Investigation I am a(n) and have reason to believe (Official Title) that on the person of or on the property or premises known as (name, description and or location)

_____ _____ 1994 Champagne Toyota Corolla bearing vin _____ _____, registered in Washington, DC

in violation of Title 18 United States Code, Section(s) 2332a and 1114. The facts to support a finding of Probable Cause are as follows:

SEE ATTACHED AFFIDAVIT HEREIN INCORPORATED BY REFERENCE AS IF FULLY RESTATED HEREIN7/31/02 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE MATTER OF THE SEARCH OF A ) ) RESIDENCE AT _____ ) Misc. No. _____, WASHINGTON, DC, ) AND ASSOCIATED BASEMENT STORAGE ) ROOM, and a ) ) UNDER SEAL 1994 CHAMPAGNE TOYOTA COROLLA ) bearing VIN #_____ located ) in WASHINGTON, D.C. )

Continued on the attached sheet and made a part hereof. YES NO Kenneth C. Kohl, AUSA _________________________________________________ U.S. Attorney's Office, Washington, DC Signature of Affiant (202) 616-2139 Mark P. Morin, Special Agent Federal Bureau of Investigation Sworn to before me, and subscribed in my presence Date at Washington, D.C. (pursuant to the domestic terrorism search warrant provisions of the Patriot Act, Section 219, which amended Rule 41(a)) __________________________________________________ __________________________________________________ Name and Title of Judicial Officer Signature of Judicial Officer

AFFIDAVIT IN SUPPORT OF SEARCH WARRANT

I, Mark P. Morin, being duly sworn, depose and say:

2. This affidavit is respectfully submitted in support of an application for a warrant to search a residence commonly known as _____ Washington, DC, the storage room in the basement associated with that apartment ("Subject Apartment"), and a 1994 Champagne Toyota Corolla ("Subject Vehicle"). Steven Jay Hatfill resides at the Subject Apartment several days each week with _____ (the lessee of the apartment) _____ The Subject Apartment is further described as a five story red brick building, glass door entrance way with the name _____ in brass numbers located on a red brick column on the right side as you face the entrance, and two elevators inside. On the fifth floor to the right off the elevator is a white wood door with the black number _____ to the right of the handle in the center of the door. Located on the left side of the door is a doorbell. The basement storage consists of a multi-storage area. Each unit is fenced in with chain link fence. The number _____ is attached to the fence which surrounds the cubicle, approximately 4x6x6. There is approximately six to eight black trash bags. The storage unit is located in the basement behind the underground parking garage. The Subject vehicle is further described as a 1994 Champagne Toyota Corolla, four door, VIN _____ District of Columbia license plate number _____

Factual Background

09-11-01

THIS IS NEXT

TAKE PENACILIN NOW

DEATH TO AMERICA

DEATH TO ISRAEL

ALLAH IS GREAT

The second envelope addressed to "EDITOR, NEW YORK POST," also contained anthrax spores and a handwritten note that appears identical to the note found in the Brokaw Letter.

5. On or about October 9, 2001, two more envelopes containing anthrax spores and handwritten notes referring to "09-11-01" were processed at the U.S. Postal Service processing center referred to in ¶ 2, supra. The return addresses on both letters, one of which was addressed to U.S. Senator Thomas Daschle and the other of which was addressed to U.S. Senator Patrick Leahy, were the fictitious address: "4^TH GRADE, GREENDALE SCHOOL, FRANKLIN PARK NJ 08852." Both letters contained the following handwritten text:

09-11-01

YOU CAN NOT STOP US.

WE HAVE THIS ANTHRAX.

YOU DIE NOW.

ARE YOU AFRAID?

DEATH TO AMERICA.

DEATH TO ISRAEL.

ALLAH IS GREAT.

7. Between September 18, 2001 and November 21, 2001, within New York, Washington, Florida and Connecticut, there were at least 22 reported cases of anthrax infection. Eleven of those cases involved inhalational anthrax (from inhaling anthrax spores) and the other eleven cases involved cutaneous anthrax (contracted through the skin). Five of the inhalational victims eventually died of their infection: (1) Robert Stevens, 63, photo editor, American Media Inc., Boca Raton, Florida, died on 10/5/2001; (2) Thomas L. Morris, Jr., 55, postal worker, Brentwood Post Office, Washington, D.C., died on 10/21/2001; (3) Joseph P. Curseen, Jr., 47, postal worker, Brentwood Post Office, Washington, D.C., died on 10/22/2001, (4) Kathy T. Nguyen, 51, hospital employee, New York City, died on 10/31/2001; and (5) Ottilie Lundgren, 94, Oxford, CT, died on 11/21/2001. At least another 269 persons tested positive for exposure to anthrax spores.

9. The Center for Disease Control in Atlanta examined isolates of the anthrax microorganism extracted from the powder contained in the Brokaw and Daschle letters, as well as blood samples collected from the five decedents. The CDC has determined that the strain of Bacillus anthracis found in each of the decedents' blood is genetically indistinguishable from the strain of anthrax found in the threat letters sent to Mr. Brokaw and Senator Daschle. Each of these isolates contain the same unique combination of eight genetic markers that distinguish this particular anthrax bacteria as the Ames-strain. The Ames strain is just one of over 200 genetically distinct strains of anthrax throughout the world.

11. Working safely with dried anthrax spores requires scientific training and expertise in technical fields such as microbiology or virology.

Fiber Evidence

12. The four envelopes containing the anthrax spores were forwarded to the Trace Evidence Unit of the Federal Bureau of Investigation in Washington, DC for hair and fiber analysis. Several textile fibers were recovered _____ _____ The fibers are believed to be suitable for comparison purposes.

Steven Jay Hatfill

12. The investigation to date has revealed that Steven Jay Hatfill is a bioterrorism consultant _____ _____ Hatfill is a protege of _____ an expert on biological warfare agents from the United States former offensive bio-program. Steven Hatfill's curriculum vitae claims a "working knowledge of the former U.S. and foreign BW programs, wet and dry BW agents, large scale production of bacterial, rickettsial, and viral BW pathogens and toxins, stabilizers and other additives, former BG simulant production methods . . ." Hatfill is believed to have experience working with various anthrax "simulants," that is, other types of bacillus that mimic the properties of anthracis.

13. Steven Hatfill has a long history of working at scientific laboratories that have the type of equipment that would be necessary to produce the refined Bacillus anthracis contained in the letters From 09/94 to 09/95, Hatfill worked as a Research Scientist at Oxford University, England. From 09/95 to 09/97, he was a Intramural Research Training Award Program (IRTA) researcher at the National Institutes of Health (NIH). From 09/97 to 09/99, Hatfill was a National Research Council (NRC) researcher at United States Army Medical Research Institute of Infectious Diseases (USAMRIID). From 09/99 to 03/02, Hatfill worked as a Science Applications International Corporation (SAIC) in McLean, Virginia as a consultant for Biowarfare Medical Defense. _____ Hatfill designed and constructed mock terrorist biochemical laboratories _____ _____

16. According to _____, Steven Hatfill stated _____ that he (Hatfill) served as a mercenary for the Rhodesia military from 1979-1980, during the very years Rhodesian military and intelligence units are believed to have employed toxic chemical and biological agents against rebels in the closing years of a long and brutal civil war that led to the collapse of the Rhodesian government and the formation of the Zimbabwe state. During a 24 month period in 1979 and 1980, the rebel-held areas of Rhodesia experienced the worst outbreak of anthrax in world history — more than 10,738 human cases, 182 of them fatal. The epidemic spread to six of eight provinces in a country where anthrax had previously been rare, and only the insurgent-controlled areas (supporting the guerilla war) were affected. According to _____, Hatfill stated that he served in the Rhodesian "Selous Scouts" and worked as a consultant to the Rhodesian Special Branch — the very units that are believed to have been responsible for the anthrax attacks in 1979-1980. Hatfill produced a document purportedly showing the "LD-50" lethal dose rates of anthrax and other biological agents that was based on data he collected while working for the Selous Scouts in Rhodesia. ("LD-50" is the amount of a solid or liquid material that it takes to kill 50% of the human population in a single dose.) Hatfill also boasted that he advised the Rhodesian Special Branch how to lace clothing distributed in rebel-held provinces with a lethal mixture of Organophosphate pesticide and Dimethyl Sulfoxide (DMSO) in order to kill rebel opponents. Hatfill claimed that his suggestion of adding DSMO made the mixture much more deadly and hundreds were killed as a result. _____ the former head of the Rhodesian Central Intelligence Organization during the civil war, has publically admitted that the Rhodesian government deliberately distributed poisoned clothing that resulted in the deaths of hundreds of rebels and civilians.

17. According to _____ Steven Hatfill mentioned _____ that anthrax would be the biological agent most likely to be used a weapon in a terrorist attack in the United States. Hatfill complained that U.S. military and political leaders had not adequately prepared this country to respond to a terrorist biological attack, and that it would take a "Pearl Harbor" — type attack to force them to take the risk seriously. Hatfill showed _____ a copy of a training manual on anthrax: hat instructed "first responders" who confront anthrax on the field to take Penicillin in order to prevent infection. Hatfill stated that the publication was incorrect, and that the antibiotic of choice to prevent anthrax infection would be Ciprofloxacin (also known as "Cipro"). Hatfill boasted that he is the only scientist in the United States with actual experience dealing with an anthrax outbreak in the field (referring to his years in Rhodesia), and complained that U.S. military and intelligence communities should be talking to paid professionals like himself.

18. In the months before and immediately surrounding the anthrax mailings, Steven Hatfill requested and filled several prescriptions for the antibiotic Cipro. Cipro is used by physicians to fight numerous bacterial organisms, but it is the only Federal Drug Administration (FDA) approved antibiotic recommended for the treatment of a Bacillus anthracis infection. The USAMRIID handbook on " Medical Management of Biological Casualties," published July 1998, recommends that individuals infected with Bacillus anthracis and persons seeking to prevent anthrax infection be placed on a multi-week regimen of 500 milligram doses of Cipro. During an interview with FBI agents on March 27, 2002, Steven Hatfill denied taking any Cipro during the months of September and October of 2001. However, a review of pharmacy business records reveals that exactly two days before the first anthrax letters were mailed (postmarked) on September 18, 2001, Steven Hatfill filled a prescription for forty 500 mg tablets of Cipro at the CVS pharmacy located near his home in Frederick, Maryland. Exactly two days before the second group of anthrax letters were mailed (postmarked) on October 9, 2001, Hatfill filled another prescription for thirty more 500 mg tablets of Cipro at the same CVS pharmacy. Additional Cipro prescriptions were filled by Hatfill on January 9, 2001 (20 tablets), July 1, 2001 (20 tablets), and November 10, 2001 (30 tablets).

Use of the Subject Apartment

22. _____ is the only occupant named on the lease to _____ at _____ Washington, DC. She has resided at that address for over three years. Steven Hatfill has told FBI investigators that _____ and that they have been dating since 1998. Hatfill admits that he stays at _____ several days each week. FBI _____ confirmed that, during the past three months, Hatfill has been observed entering and exiting the apartment building at _____ in a manner that is consistent with him living at that location several days per week. Hatfill stayed overnight at that address last evening, July 30, 2002.

Use of the Subject Automobile

23. The subject automobile to registered to _____ _____ Washington, DC. She owned the vehicle at the time of the anthrax attacks in September and October, 2001. FBI _____ observed Hatfill drive or riding in the Subject Vehicle on several occasions within the last three months.

Scope of the Search

______________________________ MARK P. MORIN Special Agent Federal Bureau of Investigation Sworn to before me this 31st day of July, 2002 ______________________________ U.S. MAGISTRATE JUDGE United States District Court for the District of Columbia IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE MATTER OF THE SEARCH OF A ) ) RESIDENCE AT _____ ) Misc. No. ___________, WASHINGTON, DC, ) AND ASSOCIATED BASEMENT STORAGE ) ROOM, and a ) ) 1994 CHAMPAGNE TOYOTA COROLLA ) bearing VIN _____ located ) in WASHINGTON, D.C. )

GOVERNMENT MOTION FOR AN ORDER TO SEAL SEARCH WARRANTS

The United States of America, by and through the United States Attorney for the District of Columbia, respectfully moves this Honorable Court, for entry of an Order sealing the Search Warrants issued in the above-captioned matter, as well as the search warrant applications, the supporting affidavit signed by Special Agent Mark Morin, and sealing this Motion and this Court's Order sealing these matters, and in support thereof states as follows:

Background

The Court has granted the Government's application for a search warrant for an apartment and an automobile in the District of Columbia. The search warrants and supporting affidavit alleged violations of domestic terrorism or international terrorism as defined in 18 U.S.C. § 2331, and was issued by this Court in the District of Columbia because activities related to the terrorism offense occurred in the District of Columbia. The affidavit in support of the search warrant described the mailing of several anthrax letters from Hamilton Township, New Jersey in September, 2001, and October, 2001, that killed five people and infected 17 others. Two of the anthrax letters were mailed to congressional offices located within the District of Columbia and were delivered by mail to locations within to the District of Columbia, causing the death of two postal workers within the District of Columbia.

The current search warrants relate to an apartment at _____ and an automobile registered to that same address. The affidavits in support of each search warrant relies in part upon information _____ _____ The investigation is ongoing, and release of the search warrant to the public or providing the text of the affidavit to Mr. Hatfill could _____ _____ and will in other ways jeopardize the ability of federal authorities to proceed with this investigation.

Moreover, the affidavit in support of the search warrants sets forth certain information as to why Steven Hatfill is a person of interest to the Grand Jury's and FBI's investigation of the terrorist anthrax mailings. There are and have been other persons situated similarly to him as persons of investigative interest. It is premature, however, to characterize Mr. Hatfill's status as being a target, subject, or even a suspect. Disclosure of this application, however, would undoubtedly lead to widespread perception to the contrary. The adverse consequences to Mr. Hatfill (and to _____) are obvious. Accordingly, the government respectfully requests that this application and any resulting order be maintained under seal.

Authority

This court has the inherent power to seal affidavits in support of search warrants to protect an ongoing investigation and confidential witnesses. State of Arizona v. Maypenny, 672 F.2d 761, 765 (9th Cir.); Matter of Sealed Affidavit(s) to Search Warrants, 600 F.2d 1256 (9th Cir. 1979). See also Shea v. Gabriel, 520 F.2d 879 (1st Cir. 1975); United States v. Hubbard, 650 F.2d 293 (D.C. Cir. 1980);Washington Post v. Robinson, 935 F.2d 282, 290 (D.C. Cir. 1991);In re Braughton, 520 F.2d 765, 766 (9th Cir. 1975).

WHEREFORE, the United States of America prays that this Honorable Court issue an Order sealing the Search Warrant issued in the above-captioned matter, as well as the search warrant application, the supporting affidavit signed by Special Agent Mark Morin, and sealing this Motion and this Court's Order sealing these matters until further order of this Court. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE MATTER OF THE SEARCH OF A ) ) RESIDENCE AT _____ ) Misc. No. WASHINGTON, DC, ) AND ASSOCIATED BASEMENT STORAGE ) ROOM, and a ) ) UNDER SEAL 1994 CHAMPAGNE TOYOTA COROLLA ) bearing VIN _____ located ) in WASHINGTON, D.C. )

02-0461N-01

ORDER TO SEAL SEARCH WARRANTS

Having considered the Government's Motion for an Order to Seal the Search Warrant and related documents, and

Having found this Court has the inherent power to seal affidavits in support of search warrants to protect an ongoing investigation and the safety of confidential witnesses. State of Arizona v. Maypenny, 672 F.2d 761, 765 (9th Cir.); Matter of Sealed Affidavit(s) to Search Warrants, 600 F.2d 1256 (9th Cir. 1979). See also Shea v. Gabriel, 520 F.2d 879 (1st Cir. 1975);United States v. Hubbard, 650 F.2d 293 (D.C. Cir. 1980);Washington Post v. Robinson, 935 F.2d 282, 290 (D.C. Cir. 1991); and

Having found that sealing the search warrant and the supporting affidavit in the above-captioned matter will protect an ongoing investigation and protect the safety of an incarcerated confidential witness,

the Motion of the Government is HEREBY GRANTED, and

IT IS HEREBY ORDERED that the Search Warrant issued in the above-captioned matter, as well as the search warrant application, the supporting affidavit signed by Special Agent Mark Morin, and sealing this Motion and this Court's Order shall be sealed until further order of this Court, and it is

AND HEREBY FURTHER ORDERED that the Clerk of the Court shall provide to the United States Attorney's Office certified copies of the Search Warrant and related pleadings in this case upon request. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE MATTER OF THE SEARCH OF A ) ) RESIDENCE AT _____ ) _____ FREDERICK, MARYLAND, AND ) ASSOCIATED BASEMENT STORAGE ) ROOM, and a ) ) STORAGE LOCKER _____, WITHIN ) Misc. No. _____ ) _____, OCALA, FLORIDA, ) and ) UNDER SEAL ) a 2000 BLACK CHEVROLET CAMARO ) bearing VIN _____, registered ) to Steven Jay Hatfill who resides in the) DISTRICT OF COLUMBIA and DISTRICT ) OF MARYLAND )

GOVERNMENT MOTION FOR AN ORDER TO SEAL SEARCH WARRANTS

Background

The Court has granted the Government's application for a search warrant for an apartment and an automobile in Frederick, Maryland, as well as a storage locker in Ocala, Florida, pursuant to Section 219 of the USA Patriot Act of 2001, enacted on October 25, 2001 (amending Rule 41(a) of the Federal Rules of Criminal Procedure). The search warrants and supporting affidavit alleged violations of domestic terrorism or international terrorism as defined in 18 U.S.C. § 2331, and was issued by this Court in the District of Columbia because activities related to the terrorism offense occurred in the District of Columbia. The affidavit in support of the search warrant described the mailing of several anthrax letters from Hamilton Township, New Jersey in September, 2001, and October, 2001, that killed five people and infected 17 others. Two of the anthrax letters were mailed to congressional offices located within the District of Columbia and were delivered by mail to locations within to the District of Columbia, causing the death of two postal workers within the District of Columbia.

The current search warrants relate to an apartment in Frederick, Maryland, an automobile registered to an address in Frederick, Maryland, and a storage facility in Ocala, Florida. The affidavits in support of each search warrant relies in part upon information provided _____ _____ The _____ investigation is ongoing, and release of the search warrant to the public or providing the text of the affidavit to Mr. Hatfill could _____ _____ and will in other ways jeopardize the ability of federal authorities to proceed with this investigation.

Authority

This court has the inherent power to seal affidavits in support of search warrants to protect an ongoing investigation and confidential witnesses. State of Arizona v. Maypenny, 672 F.2d 761, 765 (9th Cir.); Matter of Sealed Affidavit(s) to Search Warrants, 600 F.2d 1256 (9th Cir. 1979) See also Shea v. Gabriel, 520 F.2d 879 (1st Cir. 1975); United States v. Hubbard, 650 F.2d 293 (D.C. Cir. 1980); Washington Post v. Robinson. 935 F.2d 282, 290 (D.C. Cir. 1991); In re Braughton, 520 F.2d 765, 766 (9th Cir. 1975).

Respectfully submitted, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE MATTER OF THE SEARCH OF A ) ) RESIDENCE AT _____ ) _____ FREDERICK, MARYLAND, AND ) ASSOCIATED BASEMENT STORAGE ) ROOM, and a ) ) Misc. No. STORAGE LOCKER _____, WITHIN ) _____ ) _____, OCALA, FLORIDA, ) and ) ) UNDER SEAL a 2000 BLACK CHEVROLET CAMARO ) bearing VIN # _____ registered ) to Steven Jay Hatfill who resides in the ) DISTRICT OF COLUMBIA and DISTRICT ) OF MARYLAND )

ROSCOE C. HOWARD, JR. United States Attorney By: _________________ KENNETH C. KOHL, Assistant U.S. Attorney D.C. Bar # 476236 United States Attorney's Office Transnational/Major Crimes Section 555 Fourth Street, N.W., 5th Floor Washington, D.C. 2000 (202)616-2139 02-0458N-01

ORDER TO SEAL SEARCH WARRANTS

Having considered the Government's Motion for an Order to Seal the Search Warrant and related documents, and

Having found that sealing the search warrant and the supporting affidavit in the above-captioned matter will protect an ongoing investigation and protect the safety of _____ _____

the Motion of the Government is HEREBY GRANTED, and

Date: ________________________________________ HONORABLE ALAN KAY UNITED STATES MAGISTRATE JUDGE Time: ____________________ cc: Kenneth C. Kohl Assistant U.S. Attorney United States Attorney's Office Transnational/Major Crimes Section 555 Fourth Street, N.W., 5th Floor Washington, D.C. 20001 (202) 616-2139

In Matter of Application of New York Times Company

Opinion

ORDER

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

residence at _____ Frederick, Maryland, and associated basement storage room, leased to Steven Jay Hatfill, DOB _____ SSN _____

AFFIDAVIT IN SUPPORT OF SEARCH WARRANT

Factual Background

Fiber Evidence

Stephen Jay Hatfill

Prior Search of the Subject Premises

Scope of the Search

storage locker _____ in Ocala, Florida

storage locker _____ in Ocala, Florida

storage locker # _____ in Ocala, Florida

AFFIDAVIT IN SUPPORT OF SEARCH WARRANT

Factual Background

Fiber Evidence

Stephen Jay Hatfill

Prior Search of the Subject Premises

Scope of the Search

2000 black Chevrolet Camaro, bearing VIN _____ registered to Steven Jay Hatfill, DOB _____ Frederick, MD

AFFIDAVIT IN SUPPORT OF SEARCH WARRANT

Factual Background

Fiber Evidence

Stephen Jay Hatfill

Prior Search of the Subject Premises

Scope of the Search

AFFIDAVIT IN SUPPORT OF SEARCH WARRANT

Factual Background

Fiber Evidence

Steven Jay Hatfill

Use of the Subject Apartment

Use of the Subject Automobile

Scope of the Search

AFFIDAVIT IN SUPPORT OF SEARCH WARRANT

Factual Background

Fiber Evidence

Steven Jay Hatfill

Use of the Subject Apartment

Use of the Subject Automobile

Scope of the Search

GOVERNMENT MOTION FOR AN ORDER TO SEAL SEARCH WARRANTS

Background

Authority

ORDER TO SEAL SEARCH WARRANTS

GOVERNMENT MOTION FOR AN ORDER TO SEAL SEARCH WARRANTS

Background

Authority

ORDER TO SEAL SEARCH WARRANTS

In Matter of Application of New York Times Company

In Matter of Application of New York Times Company

Case Details

CitationsCopy Citation

residence at ___ Frederick, Maryland, and associated basement storage room, leased to Steven Jay Hatfill, DOB _ SSN ___

2000 black Chevrolet Camaro, bearing VIN _ registered to Steven Jay Hatfill, DOB _ Frederick, MD

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