On Monday, the U.S. Supreme Court dismissed the lawsuit of a
former Army scientist against the New York Times. The scientist, Steven
Hatfill, sued the publication for libel due to their reports that he said
falsely tied him to the deadly 2001 anthrax mail attacks.
The Supreme Court justices refused to intervene, offering no
comment and in essence putting an end to the libel case.
The high court’s decision leaves intact an earlier unanimous
ruling in July by the United States Court of Appeals for the Fourth Circuit in
Richmond, Virginia. The circuit court had in turn confirmed the ruling of a
federal trial judge had been correct in granting The Times’ motion to Dismiss
Dr. Hatfill’s lawsuit.
A federal appeals court had concluded earlier that Steven
Hatfill is a “public figure” and as such he needed to prove that the NY Times
reports were done in “actual malice”, that is with express knowledge or at
least suspicion on the Times’ part that he was not guilty but publishing the
defamatory information anyway.
The Attorney General at the time, John Ashcroft, had named
Hatfill as “person of interest” to the case of the Anthrax investigation but he
was never charged. His home was searched by investigators, a fact which the
media reported, as well as his background as a biodefense expert.
The U.S. Justice Department settled a separate lawsuit
between Hatfill and the government in June, paying him $5.8 million in damages.
The suit purported that officials had violated his privacy by leaking case and
personal background details to members of the media.
The second lawsuit, rejected Monday by the high court, had
been against the Times itself as well as its columnist Nicholas Kristof, who
initially identified Hatfill as “Mr. Z” in a series of columns in May and June
of 2002. Kristof later named Hatfill in an August column the same year.
In the lawsuit, Hatfill claimed that "Kristof wrote his
columns in such a way as to impute guilt for the anthrax letters to Dr. Hatfill
in the minds of reasonable readers."
Hatfill has repeatedly denied involvement in the case,
including in a news conference directly after filing his suit, where he
stressed: “I am not the anthrax killer.”
No person was ever charged or convicted in the deadly
bacterial attacks of the fall of 2001. Spores of the deadly Bacillus Anthracis
were sent by mail to several politicians and media organizations, and ended up
infecting several postal employees. All-in-all five people were left dead and
seventeen others were severely ill.
In August, federal authorities revealed that they had found
what they called overwhelming circumstantial evidence that pointed to one Dr.
Bruce E. Ivins, an Army microbiologist stationed along with Hatfill at Fort
Detrick, Maryland. Ivins committed suicide as the federal investigation focused
on him.