| O’Grady on Anthrax Case
By Tom Deignan
LIAM O’Grady is a child of the streets of Newark, New Jersey. But
after attending Franklin & Marshall College in Pennsylvania and then
George Mason University in Arlington, Virginia, the nation’s capital
across the river beckoned as the place O’Grady would build a legal
career.
Positioning himself so close to the Beltway, of course, meant that O’Grady
would preside over a fair number of high profile, politically charged
court cases.
Indeed, after ending up in the headlines again this week, you can actually
look back at the recent career of the man who is now a magistrate judge
for the Eastern District of Virginia and see that he’s been at the
center of some of the more shocking court cases of the post-9/11 world.
Consider the ruling O’Grady issued just this past Monday. In recent
weeks, most of New York City and America has been talking about the five
year anniversary of the September 11 attacks, or the gruesome discovery
of yet more human remains at Ground Zero, or even the toxic air that seems
to be crippling many of the heroic rescue workers who responded that day.
But Judge O’Grady has been presiding over a case which revolves
around the seemingly-forgotten anthrax mail attacks, which jarred New
York City, Florida and the rest of the nation just a month or so after
the 9/11 attacks. A total of five people were killed by the “weapons
grade” anthrax which was mailed to numerous media outlets, and for
a while had many Americans donning gloves to simply handle their daily
mail.
To this day, no one has been prosecuted for the anthrax attacks.
One man who was labeled by the FBI as “a person of interest”
in the anthrax case was Dr. Steven J. Hatfill, a specialist in germ warfare
who once worked for the Army.
As the anthrax investigation slowly progressed in 2001 and 2002, New York
Times columnist Nicholas Kristof wrote numerous columns quoting anonymous
federal sources who more less implicated Hatfill as the anthrax attacker.
But Hatfill denied all the charges. He was never arrested and demanded
to know the identity of Kristof’s anonymous sources. He sued The
New York Times for defamation, citing Kristof’s columns.
Magistrate Judge O’Grady was given the case of Hatfill vs. The New
York Times, which has been closely followed by media watchdogs, Washington
insiders and also reminds us of the astonishing fact that the anthrax
attacker -- whoever he or she is -- is still out there.
On Monday, O’Grady ordered the Times to reveal the identities of
Kristof’s confidential sources.
“The court understands the need for a reporter to be able to credibly
pledge confidentiality to his sources. Confidential sources have been
an important part of journalism, which is presumably why Virginia recognizes
a qualified reporter’s privilege in the first place,” the
Irish American judge said in his ruling.
The Times is planning to appeal.
Last year, O’Grady also heard a case revolving around a plot to
assassinate President George W. Bush. A June 2003 search of the residence
of Ahmed Omar Abu Ali in Falls Church, Virginia turned up evidence that
the Saudi man was interested in joining al-Qaeda and participating in
terrorist operations.
During the case, Judge O’Grady was told by government prosecutors,
"Abu Ali and co-conspirator No. 2 discussed two options for assassinating
President Bush, an operation in which Abu Ali would get close enough to
the president to shoot him on the street; and, an operation in which Ahmed
Omar Abu Ali would detonate a car bomb."
All of this, of course, brings Judge O’Grady quite a ways from the
streets of his hometown Newark, New Jersey, where the courts tend to deal
with lower profile crimes that might seem straight out of an episode of
The Sopranos.
But it’s worth noting that on that popular HBO crime series, one
of the storefronts at which Tony and his crew are often seen is only a
fictional Italian pork store. In real life, that storefront actually houses
a Jersey Irish cultural group.
(Contact Sidewalks at tomdeignan@earthlink.net.)
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