Amerithrax is the name of the investigation of the anthrax attacks of fall 2001, which killed five people and sickened seventeen others. Hundreds were given antibiotics who had been exposed to the anthrax. The FBI and the U.S. Department of Justice recently identifed Dr. Bruce Ivins, a biodefense researcher at the U.S. Army's biological research laboratory, USAMRIID, as the suspect on which they had been focussing. When Dr. Ivins died of an apparent suicide on July 29, 2008, it ended the criminal investigation of him, and triggered a request for the release of evidence held against.
The FBI in search warrants and affidavits released to the public on Aug. 6, 2008 available at http://www.dcd.uscourts.gov/Anthrax-Case-Info.html , indicate that the criminal statutes used were the Anti-terrorism and Death Penalty Act of 1996 (18 USC 2332a), and the Biological Weapons Act of 1989 (18 USC 178). These statutes provide for the death penalty or a term of years for using a biological weapon in the commission of a crime to a U.S. national in the United States utilizing the mail. Since the commission of the anthrax attacks in 2001, 18 USC 178 has been amended, by the USA PATRIOT Act of 2001 and the Public Health Security and Bioterrorism Preparedness Act of 2002, expanding the definition of biological weapons.
| 18 USC 178
Definitions
As used in this chapter--
(1) the term `biological agent' means any micro-organism, virus, or infectious substance, capable of causing--
(A) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(B) deterioration of food, water, equipment, supplies, or material of any kind; or
(C) deleterious alteration of the environment;
(2) the term `toxin' means, whatever its origin or method of production--
(A) any poisonous substance produced by a living organism; or
(B) any poisonous isomer, homolog, or derivative of such a substance;
(3) the term `delivery system' means--
(A) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or
(B) any vector; and
(4) the term `vector' means a living organism capable of carrying a biological agent or toxin to a host.'.
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18 USC Sec. 2332a. Use of weapons of mass destruction
(a) Offense Against a National of the United States or Within the United States. - A person who, without lawful authority, uses, threatens, or attempts or conspires to use, a weapon of mass destruction -
. . . .
(2) against any person or property within the United States, and
(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
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