EXCLUSIVE: How the FBI Botched the Anthrax Case

U.S. Postal employees who handled mail died from anthrax contamination, along with five other people. The mailings took place in the weeks after the September 11, 2001 attacks. America's nerves were frayed and the FBI was responding to accusations that it had failed to connect-the-dots that might have prevented the deaths of nearly 3,000 people.

Agents pounding the streets in the investigation were required to give daily briefings of their progress to FBI management, including the director, Robert Mueller. In high profile cases, as information about the investigation passes from one boss to the next, each supervisor weighs in on what investigative actions should be taken next. As the information works its way to the top, each boss adds comments and translates the original information.

The investigative experience of managers in the FBI varies widely. Some bosses may have investigated cases like the anthrax case before, but many may not have. Managers with less experience may devalue or over-value investigative techniques in their comments about an investigation. This can result in amateurish investigative techniques being suggested to more experienced agents, and can result in confusion at the top of the chain about the facts. The second lesson from the anthrax case is that only managers with considerable investigative experience should be making the big decisions or communicating with higher-ups.

Lesson Three: A covert investigation is always better than one rife with leaks.

Hatfill accused the FBI of conducting public and constant surveillance of him, including "bumper locking" him in Georgetown, and running over his foot while following him. He also accused several high-level DOJ officials of giving the media advanced notice of search warrants of his residence in Frederick, MD. Further his complaint alleged that he knew he was being wiretapped in his own home. Common sense and my experience have taught me that anyone who knows they are being wiretapped is unlikely to make incriminating statements. They are unlikely to go anywhere or do anything that will provide agents following them with any further evidence. If a suspect knows that you are coming to search his house, he can destroy evidence. If a public area is going to be searched, and the public is alerted, people can plant evidence or remove it. The best investigations are covert, where the suspect, the media and the public are not alerted.