Shortly after Ivins committed suicide in 2008, federal investigators announced that they'd identified him as the mass murderer who sent the letters to members of Congress and the news media. The case was circumstantial, with federal officials arguing that the scientist had the means, motive and opportunity to make the deadly powder at the U.S. Army Medical Research Institute of Infectious Diseases at Fort Detrick, Md.
Now, however, Justice Department lawyers have acknowledged in court papers that the sealed area in Ivins' lab — the so-called hot suite — didn't contain the equipment needed to turn liquid anthrax into the refined powder that floated through congressional buildings and post offices in the fall of 2001.
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http://www.mcclatchydc.com/2011/07/18/117806/justice-department-lawyers-contradict.html#ixzz1SYUgUmM5