Washington dumps its bad news on the press on Fridays; reporters are theoretically on the way to the shore or the mountains and won’t pay much attention. Scott Shane and Eric Lichtblau stayed around to write up the results of Steven J Hatfill, M.D. vs Attorney General John Ashcroft, U.S. Department of Justice, Federal Bureau of Investigation, et al. According to their story in The New York Times today, the five-year-old lawsuit was settled yesterday, with the Department of Justice to pay $2.825 million in cash plus a 20-year annuity yielding $150,000 a year.
In the 2002 anthrax scare, Hatfill was publicly listed as a “person of interest” by then-Attorney General Ashcroft, and was followed by FBI investigators and the press for months. The Times article asserted,
After Dr. Hatfill came under suspicion in the anthrax case in 2002, an F.B.I. surveillance team began following him everywhere, and a small motorcade sometimes trailed his car around Washington.
In May 2003, an F.B.I. surveillance car ran over Dr. Hatfill’s foot in Georgetown as he approached the car to take the driver’s picture. He was given a ticket for “walking to create a hazard” and was fined $5.
According to the complaint, federal employees “have ruined Dr. Hatfill’s current and future employment prospects by repeatedly leaking anonymous, defamatory, and erroneous information about his character and criminal culpability to the news media, expecting that it would be widely disseminated.” The text of the 2003 suit provides detailed allegations of numerous civil rights violations by the government in the investigation of Dr. Hatfill.
There have been costs for the media also. Toni Locy, formerly of USA Today, still faces a contempt order for refusing to reveal her source in the case. Hatfill’s suit against Vanity Fair and Reader’s Digest was reportedly settled last year. And he is appealing the dismissal of a separate suit against Nicholas D Kristof and The New York Times.
A Justice Department statement yesterday admitted no liability. Representative Rush Holt (D-NJ) commented,
As today’s settlement announcement confirms, this case was botched from the very beginning… The F.B.I. did a poor job of collecting evidence, and then inappropriately focused on one individual as a suspect for too long, developing an erroneous theory of the case that has led to this very expensive dead end.
Dr. Hatfill’s attorneys summarized: “We can only hope that the individuals and institutions involved are sufficiently chastened by this episode to deter similar destruction of private citizens in the future — and that we will all read anonymously sourced news reports with a great deal more skepticism.” I strongly support these hopes. There is plenty of criticism to go around for the handling of this investigation, both for the government and for the press. If any good can come from it, it will be the potential of the incident to become a cautionary tale for our institutions, provoking more careful (and lawful) behavior….. for economic reasons, if not for ethical ones.