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12/05/06
New York Times asks judge to dismiss
anthrax libel suit
ALEXANDRIA, Va. (AP) -- The New York Times has asked a federal
judge to dismiss a libel lawsuit by a former Army scientist
who said the newspaper defamed him in coverage of the 2001
anthrax attacks.
The former bioterrorism expert, Steven J. Hatfill, is suing
the Times for a series of articles by columnist Nicholas Kristof
on the anthrax mailings that killed five people. Hatfill said
details in the columns, which only referred to an individual
as "Mr. Z," provided enough detail for readers to
figure out he was the person being discussed.
But in a motion filed Dec. 1, lawyers for the Times asked
U.S. District Court Judge Claude M. Hilton in Alexandria to
dismiss the lawsuit on the grounds that Hatfill is a public
figure because of his visibility in administering bioterrorism
programs. Public figures generally have a higher burden to
prove defamation.
The motion argues Hatfill could not prove the newspaper published
the columns with "actual malice," a standard for
defaming public figures. It says Kristof knew Hatfill was
being investigated but not whether he was responsible for
the attacks.
"No evidence indicates that The Times ever intended to
imply plaintiff was in fact guilty of the anthrax mailings,
and overwhelming evidence exists to the contrary," the
filing said.
Hatfill's lawyers are expected to file a response this month,
and they may argue Hatfill is not a public figure. E-mail
and phone messages seeking comment were left with Hatfill's
lawyer, Thomas Connolly.
Dozens of exhibits included in the newspaper's filing made
several FBI internal memorandums public for the first time,
as well as some e-mails sent to and from Kristof.
Hatfill's lawsuit was initially dismissed in 2004 by U.S.
District Judge Claude Hilton, who ruled that Kristof's columns
were not libelous and were merely an accurate reflection of
the status of the FBI's investigation at the time.
An appeals court reversed that decision, allowing Hatfill
to proceed with his lawsuit.
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