Congressional Record: October 12, 2000 (House)
Page H9880-H9894




               INVESTIGATION AND TREATMENT OF WEN HO LEE

  The SPEAKER pro tempore (Mr. Mica). Under the Speaker's announced
policy of January 6, 1999, the gentlewoman from Hawaii (Mrs. Mink) is
recognized for 60 minutes.
  Mrs. MINK of Hawaii. Mr. Speaker, I take this time to express my deep
concerns about the overall unfortunate circumstances that have revolved
around Wen Ho Lee.
  On March 6 of 1999, the New York Times reported that government
investigators believed that China had accelerated its nuclear weapons
program with the aid of stolen American secrets. This report, along
with other reports that came subsequently, led to a frenzy of activity.
In fact, 2 days after the March 6, 1999 New York Times report, Wen Ho
Lee, who was identified, was then fired from the laboratory; and soon
after that, he was charged with the various offenses.
  In September of this year, September 26, 2000, the New York Times
took the very exceptional opportunity to explain the backup of their
reporting, going back to March 6, 1999. Although they really made no
overt apologies for the conclusions that they drew in their March 6,
1999 article, it is interesting to note that they made various
observations.
  First, they said looking back, and I quote from this article of New
York Times Tuesday September 26: "But looking back, we also found some
things that we wish we had done differently in the course of the
coverage to give Dr. Lee the full benefit of the doubt. In those
months, we could have pushed harder to uncover weaknesses in the FBI
case against Dr. Lee. Our coverage would have been strengthened had we
moved faster to assess the scientific, technical and investigative
assumptions that led the FBI and the Department of Energy to connect
Dr. Lee to what is still widely acknowledged to have been a major
security breach.''
  The Times neither imagined the security breach, as they go on to say,
nor did they initiate the case against Dr. Wen Ho Lee. But, however, it
was the March 6 article that set the tone for the coverage against this
individual in the ensuing months.
  The New York Times editorial of September 26, 2000 goes on to say,
"The article, however, had flaws that are more apparent now that the
weaknesses of the FBI case against Dr. Lee have surfaced. It did not
pay enough attention to the possibility that there had been a major
intelligence loss in which the Los Alamos scientist was a minor
player,'' and perhaps maybe even uninvolved.
  "The Times should have moved more quickly'', it said in this
article, "to open a second line of reporting, particularly among
scientists inside and outside the government.''
  This article is a very unique and interesting attempt on the part of
the New York Times to respond to severe criticism that other
journalists had leveled against the New York Times for its March 6,
1999 article.
  But in any event, the ensuing events that evolved around Dr. Wen Ho
Lee is what prompts me to come to the floor tonight to speak about this
incident. It is very strange that, if there was such an egregious
breach of national security presumably organized and conducted by Dr.
Wen Ho Lee, that it took 9 months to obtain an indictment against him,
during which time he was completely free.
  At that time, 9 months later, they charged him with 59 separate
felony offenses. Thirty-nine counts alleged that Dr. Lee violated the
Atomic Energy Act because he mishandled material containing restricted
data with the intent to injure the United States and with the intent to
secure an advantage to a foreign Nation. Ten counts alleged that Dr.
Lee unlawfully obtained defense information in violation of the law,
ten counts of willfully retaining national defense information in
violation of the law.
  What safeguards did the government take to make sure that Dr. Wen Ho
Lee did not flee or transfer the tapes to some individual during those
9 months? Nothing that I am aware of. He was certainly a security risk
from the time that he was fired from the Los Alamos laboratory until he
was finally charged on December 10, 1999.
  Now suddenly we read in the newspapers in September of the year 2000
that 58 charges leveled against Dr. Wen Ho Lee were dropped under a
plea bargain involving the plea of guilty on one count only and a
pledge to cooperate with the government to disclose why he did it and
how he disposed of the

[[Page H9881]]

tapes that he has pled guilty to having taken. It is very strange.
  The reason I take this floor to raise this issue is not to discuss
the innocence or guilt of this man. He has already pleaded guilty. But
the one thing that has concerned the Asian American community
tremendously is the way that he was treated after he was finally
charged with these various 59 crimes and incarcerated.
  Suddenly, after he was picked up, he became a huge national security
risk. Yet, for 9 months, he was allowed to come and go as a free
citizen. Only upon his indictment in December of 1999 did he become a
security risk.

  In his plea for bail, release on bail and other things that came up
at that hearing, it was pointed out by the prosecutors that he
constituted a real risk and that he might transfer the tapes to
unauthorized individuals. The whole matter lay in a situation in which,
as one reporter said, that, short of the charges of espionage and
naming him a spy, that he was incarcerated under arraignment under
very, very serious conditions.
  It is that level of concern that the Asian community has raised many,
many questions. They have met with the Attorney General to discuss it
and other officials that will listen to him.
  My reason for rising here tonight is that we believe that there was a
serious mistake made by the government in the way that they dealt with
Dr. Wen Ho Lee. There is absolutely no justification that he was
allowed to be a free person for 9 months if, in fact, the government
had suspicion for at least 3 or 4 years that something was awry, that
the tapes had been missing and he was under surveillance.
  In fact, they had gone to the Justice Department asking for
permission to look at his computer and to make determinations as to
whether something was done that violated the security restrictions of
the laboratory, and the Justice Department denied the request of the
investigators.
  Yet, here on December 10, he was denied bail. Out of that denial came
this extraordinary disclosure through the family and through his
lawyers and through others who became acquainted with the nature of his
confinement, that he was kept in a cell, completely enclosed, maybe 4
feet by 16 feet in dimension. The entrance to his cell was not the
regular bars, but it was a door with a little window. He was kept in
there virtually, except for meals, the complete time that he was
incarcerated, from December 10 until he was released on September 20.
  The other egregious thing, besides being kept in such solitary
confinement for this length of time, because he constituted a serious
security risk to this Nation, he was kept in chains whenever he was
allowed to go out to exercise, which was only 1 hour a day. He was
required to be in chains. His ankles were chained. His wrists were
chained. His wrists were chained, They were connected to his waist
chains. He was expected to go out into the open air and exercise under
those circumstances.
  It is an absolutely inexplicable situation that they had leveled upon
him. Many of the people who have looked at this situation, and, indeed,
those who testified over on the Senate side indicated that this was
probably done to him in an effort to try to force him to disclose
information that led him to make the tapes and to disclose where these
tapes were in fact placed. So it was all a matter of trying to
intimidate this individual prior to going to trial, prior to any
particular finding of specific guilt.
  Probably most of the Asians were reluctant to speak up, including
myself, during this whole tragic event, because we did not quite know
exactly the extent to which this individual was actually guilty of the
59 charges.
  Then out of the clear blue, we find that a judge has, not only
condemned the Justice Department and the Attorney General for the
mishandling of his incarceration, but by a plea bargain with the
Justice Department, he is totally exonerated of 58 of the charges,
pleads guilty to one, and he is a free person, no longer a security
threat to the United States, and they still do not know where the tapes
are as far as I know.

                              {time}  1930

  This is an incredible situation that we find ourselves in, with one
person being put under such severe personal jeopardy before trial,
before an absolute finding of guilt, and to know that in the end he was
allowed to be a free person.
  So the questions have to be raised, I think. And many of the people
from the Asian community are asking these questions: Was his
apprehension in the first place triggered because he was an Asian? Many
people are suggesting that others at the Los Alamos laboratory
committed even more serious violations with respect to secret,
classified documents, and with respect to the procedures that had been
in place as to how individuals were supposed to deal with security
items; yet these people were not investigated, were not put through the
same extent of inquiry as Dr. Lee was. So we are troubled with his
selective prosecution.
  Many people are alleging that this was a racial profiling situation,
and they are raising all sorts of questions with respect to why Dr. Lee
and not all the other individuals. We know about some very, very
difficult cases that are involving high-ranking officials, with
extremely important information, and who took classified information,
put that on tapes, and are still, for all that I know, not under any
particular arrest warrants or incarcerated or charged for their
conduct.
  So the people are very, very concerned. They want to know why his
bail was denied. Was there really an intent here to pressure this
particular person to come forward with information? Was there a
deliberate intent to make his detention so severe that he would be
forced to cooperate?
  The reason why this case really came to its final conclusion, with
Wen Ho Lee being released, was that the judge had been told at the
final bail hearing that came up in August that the information that the
FBI had presented to the judge back in December was not all true. As a
matter of fact, it came out in the testimony to the judge in August
that Wen Ho Lee had been told by the FBI agents that he had flunked the
polygraph test when in fact he had passed it. This was another incident
of the government's deliberate attempt to try to force a confession
from someone who was constantly saying that he had not breached the
national security of the United States. What he had done was probably
wrong and contrary to the rules, but certainly not anything that
constituted a breach of national security.
  Nowhere in the investigation was the FBI able to show in any context
whatsoever that he had passed any information on to fellow scientists
or to foreign scientists, or that in his travels to China he had
breached the security requirements of his occupation. They charged him
for failure to report contacts that he had made in his trips, which
were all authorized trips that he made to China. He was accused of not
having filed reports; yet in the August hearing, before the judge, it
came out that he had indeed filed the reports and that all of those
arguments that had been made in December were simply not true.
  The judge had gone along in December with this harsh treatment of
solitary confinement because he believed that there was here a
defendant who was deliberately trying to obfuscate his actions, had
failed to file the necessary reports that he was required to file as an
employee of Los Alamos laboratory. And when all of this exploded in the
face of the truth at the August hearing, even the judge made the
statement in his final recommendation for release of Dr. Lee that he
was astounded that this sort of situation could be tolerated, and he
was absolutely shocked at what had happened to this individual. So he
ordered the release.
  The release was appealed by the government. The other courts simply
dismissed the appeal and shortly thereafter Dr. Lee was released a free
man. The only requirement is that he not leave the country for a year,
I believe, and that he cooperate in a debriefing type of contact with
the Justice Department in an effort to try to find out where the tapes
are located and what has happened to them.
  So we have to look back on this situation and say, okay, the FBI
agents erred in their anxiety to find this person guilty of egregious
violations against the government and to show

[[Page H9882]]

that this individual was a deliberate liar and trying to withhold
information from the government. But what happens to the FBI agents who
perpetrated this misstatement to the courts? I hate to say that these
were specific deliberate lies. They claimed that they were simply
mistakes. But what happens to these agents that misled the court and
caused this grievous harm against this individual insofar as how he was
treated? He was shackled as an animal. Even when he was allowed to go
to see his lawyers, he was still shackled. It is an incredible,
unbelievable story of inhumane treatment of an individual under
these circumstances.

  Mr. Speaker, I have letters that have been sent to the U.S. Attorney
in New Mexico, Norman C. Bay, making an inquiry about the conditions of
his confinement and the responses that were received. Many, many
individuals wrote to the Justice Department: the American Association
for the Advancement of Science sent a letter; the New York Academy of
Science wrote to the Attorney General protesting the harsh treatment of
Wen Ho Lee; the Human Rights Committee of Scientists; the Episcopal
Church of the United States wrote in protest of his harsh treatment;
the National Academy of Sciences; the National Academy of Engineering
and the Institute of Medicine sent a joint letter on June 26 to the
Attorney General protesting the severity of his confinement; and the
Amnesty International on August 16 also sent a letter. On August 31,
the National Academies protested that in all the letters they had
written, they had failed to get any responses from the Justice
Department.
  Mr. Speaker, I will be submitting the letters that I have just
mentioned for inclusion in the Record. I also will put in the Record
letters that are dated way back in January of this year from the
National Asian Pacific American Legal Consortium, writing to the
Attorney General and expressing their concerns about his detention; as
well as the Organization of Chinese Americans and their letters; the
National Asian Pacific American Bar Association, also writing to the
Attorney General about his treatment; and the comments of Robert S.
Vrooman, the former chief of counterintelligence at Los Alamos
regarding specifically his being targeted for confinement.
  Mr. Speaker, I note that my colleague from California is here with
me, and I yield to him at this time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I want to thank the
gentlewoman for yielding to me, and thank her very much for taking this
time and this special order to raise the concerns that she has. I have
been watching the special order, and I want to tell her how much I
appreciate it, because I think that the treatment and the prosecution
of Wen Ho Lee and the manner in which it was handled raises serious
concerns for every American.
  Once again we see that when the incredible power of the government
comes down on a single individual, all too often that individual's
rights are crushed under the full force. And in this case we saw almost
a hysteria that ran through the government, through committees of
Congress, within the Department of Energy and Justice and Defense, in a
frenzy to try to prove something that they may, in fact, not have had
the evidence to prove. And in doing so, they focused on this
individual, Wen Ho Lee, and then proceeded over the next 9 months to
treat him in a manner that no American would want to be treated or have
a member of their family treated.
  The gentlewoman has recited the litany of harsh treatments to this
elderly man during his time in solitary confinement, when in fact at
the same time the evidence was starting to suggest that maybe he was
not guilty of all that he was charged. This is not to suggest that
perhaps that Wen Ho Lee did not violate rules of protocol and perhaps
even security rules. But the jump from that to that he was one of the
most dangerous men in the United States; that he had transferred the
crown jewels, we now find that what this was was a lot of prosecutorial
hyperbole. They were trying to make their case. They were trying to
push the public to focus in on this individual because they felt it
would solve a problem.
  We know that one of the major mistakes that law enforcement can make
is to focus on a single individual too early in an investigation. So
now we find out 9 months later that not only have they dropped all of
the charges with respect to Wen Ho Lee, except for one out of 79
counts, but we are no further along in knowing what happened to this
information and how it got into the hands of the person who walked into
our embassy and dropped it on to a table. So in fact not only were his
rights compromised, but in fact maybe the very investigation has been
compromised because so much energy and effort was put on to the focus
of Wen Ho Lee.
  I just want to again thank the gentlewoman for taking this time.
People should not look at this case as a case against a Chinese
American or an Asian or a person who is a threat to the United States.
They ought to think of this in terms of every American. We understand
that this Congress has taken action against prosecutors who have
exceeded their authority way beyond what can be justified, or the
Internal Revenue Service. And what we really ought to have, and what I
have asked for and written the President and spoken out on this floor
for, is somehow we need a truly independent investigation.
  I am afraid that investigation will have to come from outside of the
government, because the government is so compromised in the manner in
which the investigation was handled by the various agencies and by the
committees of this Congress in their rush to judgment, in their frenzy
and their hysteria over this issue. But I would hope that this
administration would in fact appoint an outside panel of experts who
can have that security clearance, who can determine what in fact
happened here, because the damage runs to our civil liberties. The
damage runs to Wen Ho Lee and his family, his reputation; and it also
runs to the integrity of this body, to our agencies that participated
in that. The American public needs to know what happened there.
  Unfortunately, I think the damage also runs to the labs and to our
ability to recruit. The gentlewoman is aware, as I am aware, of what
has happened in the Asian community with scientists and others who
wonder now if they go to work for these labs whether they will be
profiled; whether they will be treated differently; are they suspect
because of their travels, because of their family, because of their
heritage, because of their culture?

                              {time}  1945

  And when you see the treatment of this individual, you would be
asking the same question of yourself if you wanted to determine. And
yet, because of this action, we may be denying this country some of the
very best scientists, mathematicians, engineers and others that are
available in the world today who would love to come to work for the
United States and in fact are not any of those suspected things.
  So I think it has been a real cost to us, to the labs and to our
resources available to work on the kinds of scientific endeavors that
so many at the lab do on a day-to-day basis. So people ought to
understand, this is not just about Wen Ho Lee. This is the ripples of
this case, and how it has been handled go far beyond far beyond this
individual and his treatment.
  But we ought to make sure that we do not forget nor can an agency
simply not answer for their actions. That is what has to be done. But I
do not think that they can investigate themselves because in fact they
were part of the frenzy that took place around the arrest and
prosecution and detainment of Wen Ho Lee.
  So we owe the gentlewoman a debt of gratitude for taking this time
for putting these documents in the Record so that the broader public
will have access to them. I want to thank the gentlewoman very much for
doing so.
  Mrs. MINK of Hawaii. Mr. Speaker, I thank the gentleman for giving a
larger perspective on this. I came to the floor because so many Asians
have expressed a dismay that a situation like this could happen in
America and many of them expressed the belief that it could only happen
to an Asian. That to me is a very damaging aspect to have this country,
so great and so wonderful in terms of its definition of democracy, to
have a segment of our community believe that this occurred to this one
gentleman because he was Asian and that the outcry did not come

[[Page H9883]]

until after he was more or less exonerated.
  The outcry should have been there, as many of the organizations did,
but it was sort of scuffled. Nobody really paid much attention to it. I
agree absolutely that we have to call for an investigation, and it
cannot be the one that the Attorney General has told the community that
she would do. It is simply not adequate. It has to be taken to a
different level and a situation where this whole matter can be
reviewed.
  But it is a terrible thing. The Asian community feels burdened with
this suspicion, and the wreckage of this whole incident has sort of
fallen on all Asians, not just the Chinese-Americans, but all Asians.
And so, I truly believe that the Congress has to take some
responsibility in this matter and look at it.
  The Senate has investigated it, has called several hearings. And I
applaud them for it. I hope that when we return here next year that we
will take the time to make sure that this kind of treatment of a human
being can never again occur to anyone under our judicial system. I
plead with the Members of this House to look at this situation
carefully and dispassionately. And if they do, I believe they will come
to the same conclusion that the gentleman from California (Mr. George
Miller) and I have come to.
  Mr. Speaker, on March 6, 1999 New York Times reported that Government
investigators believes China had accelerated its nuclear weapons
program with the aid of stolen American secrets.
  Two days later, Wen Ho Lee was identified and fired.

               [From the New York Times, Sept. 26, 2000]

                        The Times and Wen Ho Lee

       On March 6, 1999, The New York Times reported that
     Government investigators believed China had accelerated its
     nuclear weapons program with the aid of stolen American
     secrets. The article said the Federal Bureau of Investigation
     had focused its suspicions on a Chinese-American scientist at
     the Los Alamos National Laboratory. Two days later, the
     government announced that it had fired a Los Alamos scientist
     for "serious security violations.'' Officials identified the
     man as Wen Ho Lee.
       Dr. Lee was indicted nine months later on charges that he
     had transferred huge amounts of restricted information to an
     easily accessible computer. Justice Department prosecutors
     persuaded a judge to hold him in solitary confinement without
     bail, saying his release would pose a grave threat to the
     nuclear balance.
       This month the Justice Department settled for a guilty plea
     to a single count of mishandling secret information. The
     judge accused prosecutors of having misled him on the
     national security threat and having provided inaccurate
     testimony. Dr. Lee was released on the condition that he
     cooperate with the authorities to explain why he downloaded
     the weapons data and what he did with it.
       The Times's coverage of this case, especially the articles
     published in the first few months, attracted criticism from
     competing journalists and media critics and from defenders of
     Dr. Lee, who contended that our reporting had stimulated a
     political frenzy amounting to a witch hunt. After Dr. Lee's
     release, the White House, too, blamed the pressure of
     coverage in the media, and specifically The Times, for having
     propelled an overzealous prosecution by the administration's
     own Justice Department.
       As a rule, we prefer to let out reporting speak for itself.
     In this extraordinary case, the outcome of the prosecution
     and the accusations leveled at this newspaper may have left
     many readers with questions about our coverage. That
     confusion--and the stakes involved, a man's liberty and
     reputation--convince us that a public accounting is
     warranted.
       In the days since the prosecution ended, the paper has
     looked back at the coverage. On the whole, we remain proud of
     work that brought into the open a major national security
     problem of which officials had been aware for months, even
     years. Our review found careful reporting that included
     extensive cross-checking and vetting of multiple sources,
     despite enormous obstacles of official secrecy and government
     efforts to identify The Times's sources. We found articles
     that accurately portrayed a debate behind the scenes on the
     extent and importance of Chinese espionage--a debate that
     now, a year and a half later, is still going on. We found
     clear, precise explanations of complex science.
       But looking back, we also found some things we wish we had
     done differently in the course of the coverage to give Dr.
     Lee the full benefit of the doubt. In those months, we could
     have pushed harder to uncover weaknesses in the F.B.I. case
     against Dr. Lee. Our coverage would have been strengthened
     had we moved faster to assess the scientific, technical and
     investigative assumptions that led the F.B.I. and the
     Department of Energy to connect Dr. Lee to what is still
     widely acknowledged to have been a major security breach.
       The Times neither imagined the security breach nor
     initiated the case against Wen Ho Lee. By the time our March
     6 article appeared, F.B.I. agents had been looking closely
     into Dr. Lee's activities for more than three years. A
     bipartisan congressional committee had already conducted
     closed hearings and written a secret report unanimously
     concluding that Chinese nuclear espionage had harmed American
     national security, and questioning the administration's
     vigilance. The White House had been briefed repeatedly on
     these issues, and the secretary of energy had begun prodding
     the F.B.I. Dr. Lee had already taken a lie detector test;
     F.B.I. investigators believed that it showed deception when
     he was asked whether he had leaked secrets.
       The Times's stories--echoed and often oversimplified by
     politicians and other news organizations--touched off a
     fierce public debate. At a time when the Clinton
     administration was defending a policy of increased engagement
     with China, any suggestion that the White House had not moved
     swiftly against a major Chinese espionage operation was
     politically explosive.
       But the investigative and political forces were converging
     on Dr. Lee long before The Times began looking into this
     story.
       The assertion in our March 6 article that the Chinese made
     a surprising leap in the miniaturization of nuclear weapons
     remains unchallenged. That concern had previously been
     reported in The Wall Street Journal, but without the details
     provided by The Times in a painstaking narrative that showed
     how various agencies and the White House itself had responded
     to the reported security breach.
       The prevailing view within the government is still that
     China made its gains with access to valuable information
     about American nuclear weaponry, although the extent to which
     this espionage helped China is disputed. And while the circle
     of suspicion has widened greatly, Los Alamos has not been
     ruled out as the source of the leak.
       The article, however, had flaws that are more apparent now
     that the weaknesses of the F.B.I. case against Dr. Lee have
     surfaced. It did not pay enough attention to the possibility
     that there had been a major intelligence loss in which the
     Los Alamos scientist was a minor player, or completely
     uninvolved.
       The Times should have moved more quickly to open a second
     line of reporting, particularly among scientists inside and
     outside the government. The paper did this in the early
     summer, and published a comprehensive article on Sept. 7,
     1999. The article laid out even more extensively the evidence
     that Chinese espionage had secured the key design elements of
     an American warhead called the W-88 while showing at the same
     time that this secret material was available not only at Los
     Alamos but "to hundreds and perhaps thousands of individuals
     scattered throughout the nation's arms complex.''
       That article, which helped put the charges against Dr. Lee
     in a new perspective, appeared a full three months before the
     scientist was indicted.
       Early on, our reporting turned up cautions that might have
     led us to that perspective sooner. For example, the March 6
     article noted, deep in the text, that the Justice Department
     prosecutors did not think they had enough evidence against
     the Los Alamos scientist to justify a wiretap on his
     telephone. At the time, the Justice Department refused to
     discuss its decision, but the fact that the evidence
     available to the F.B.I. could not overcome the relatively
     permissive standards for a wiretap in a case of such
     potential gravity should have been more prominent in the
     article and in our thinking.
       Passages of some articles also posed a problem of tone. In
     place of a tone of journalistic detachment from our sources,
     we occasionally used language that adopted the sense of alarm
     that was contained in official reports that was being voiced
     to us by investigators, members of Congress and
     administration officials with knowledge of the case.
       This happened even in an otherwise far-seeing article on
     June 14, 1999, that laid out--a half year before the
     indictment--the reasons the Justice Department might never be
     able to prove that Dr. Lee had spied for China. The article
     said Dr. Lee "may be responsible for the most damaging
     espionage of the post-cold war era.'' Though it accurately
     attributed this characterization to "officials and
     lawmakers, primarily Republicans,'' such remarks should have
     been, at a minimum, balanced with the more skeptical views of
     those who had doubts about the charges against Dr. Lee.
       Nevertheless, far from stimulating a witch hunt, The Times
     had clearly shown before Dr. Lee was even charged that the
     case against him was circumstantial and therefore weak, and
     that there were numerous other potential sources for the
     design of the warhead.
       There are articles we should have assigned but did not. We
     never prepared a full-scale profile of Dr. Lee, which might
     have humanized him and provided some balance.
       Some other stories we wish we had assigned in those early
     months include a more thorough look at the political context
     of the Chinese weapons debate, in which Republicans were
     eager to score points against the White House on China; an
     examination of how Dr. Lee's handling of classified
     information compared with the usual practices in the
     laboratories; a closer look at Notra

[[Page H9884]]

     Trulock, the intelligence official at the Department of
     Energy who sounded some of the loudest alarms about Chinese
     espionage; and an exploration of the various suspects and
     leads that federal investigators passed up in favor of Dr.
     Lee.
       In those instances where we fell short of our standards in
     our coverage of this story, the blame lies principally with
     those who directed the coverage, for not raising questions
     that occurred to us only later. Nothing in this experience
     undermines our faith in any of our reporters, who remained
     persistent and fair-minded in their newsgathering in the face
     of some fierce attacks.
       An enormous amount remains unknown or disputed about the
     case of Dr. Lee and the larger issue of Chinese espionage,
     including why the scientist transferred classified computer
     code to an easily accessible computer and then tried to hide
     the fact (a development first reported in The Times), and how
     the government case evolved. Even the best investigative
     reporting is performed under deadline pressure, with the best
     assessment of information available at the time. We have
     dispatched a team of reporters, including the reporters who
     broke our first stories, to go back to the beginning of these
     controversies and do more reporting, drawing on sources and
     documents that were not previously available. Our coverage of
     this case is not over.

  It took 9 months later to obtain an indictment against Wen Ho Lee. It
charged him with 59 separate felony offenses; 39 counts allege that Dr.
Lee violated the Atomic Energy Act because he purportedly mishandled
material containing restricted data, with the intent to injure the
United States, and with the intent to secure an advantage to a foreign
nation; ten counts allege that Dr. Lee unlawfully obtained defense
information in violation of 18 U.S.C. & 793(c); and ten counts of
willfully retaining national defense information in violation of 18
U.S.C. & 793(e).
  What safeguards did the Government take to make sure Wen Ho Lee
didn't flee or transfer the tapes?
  Why wasn't he a security risk prior to December 10, 1999?
  Why now in September 2000, 58 charges are dropped for a plea bargain
involving only one plea of guilty and a pledge to cooperate.
  Suddenly Wen Ho Lee is no longer a risk. Today Wen Ho Lee is a free
man. The tapes are still missing.
  I rise tonight to express my great concern that hysteria and cover-up
were the real reasons for Wen Ho Lee's indictment.
  The managers of our national nuclear labs had mismanaged the security
of these institutions. Access to these secrets was not monitored and
vast numbers of people could easily obtain access without signing in or
out.
  Wen Ho Lee was queried about this contacts in the People's Republic
of China.
  In 1993-94--Wen Ho Lee was under investigation--for knowingly
assembling 19 collections of files, called tape archive (TAR) files,
containing secret and confidential restricted data relating to atomic
weapons research, design, construction, and testing.
  The FBI had Wen Ho Lee under investigation for 3 years.
  In 1997, the FBI asked for authority to search Wen Ho Lee's computer.
The Attorney General Janet Reno denied this request as not justified
based on the facts.
  The issue is not the prosecution.
  The issue is why was Wen Ho Lee singled out for this witch hunt.
  After he was indicted, why was he treated as though he was already
convicted?
  Why was his request for bail denied?
  Why was his detention so severe?
  Was it designed to coerce his cooperation?
  Why did the FBI lie to Wen Ho Lee "telling him'' he had failed the
polygraph test when in fact he had passed? A polygraph test was
administered on December 23, 1998, by the Department of Energy in New
Mexico. DOE said he unequivocally passed, FBI said failed. The FBI then
did its own testing of Dr. Lee, and again claimed he failed, but didn't
tell him that he failed. CBS News Correspondent Sharyl Attkisson for
CBSNews.com.

                   Wen Ho Lee's Problematic Polygraph

       Three Experts Gave The Nuclear Scientist Passing Scores
       But The FBI Later Reversed The Findings
       CBS Investigation Fuels Argument That He Was A Scapegoat
       (CBS) Wen Ho Lee either passed--or failed--his first spy-
     related polygraph, depending upon who was interpreting the
     results.
       As CBS News Correspondent Sharyl Attkisson reports for
     CBSNews.com, the test was given December 23, 1998 by a
     Department of Energy (DOE) polygrapher in Albuqerque, N.M.,
     where Wen Ho Lee worked as a top secret nuclear scientist.
     Because Lee, a Taiwanese-American, had recently been to
     Taiwan, had visited China in the past, and purportedly had
     access to America's top nuclear secrets, the FBI focused on
     him as the prime suspect in the emerging case of alleged
     Chinese espionage.
       The FBI still wasn't close to making an arrest or even
     beginning an interrogation, but the DOE's head of
     counterintelligence, Ed Curran, was reluctant to leave Lee in
     his highly sensitive job in the lab's X-Division, so he
     ordered the polygraph test. FBI agents were standing by
     during the DOE test, ready to interrogate Lee if his
     polygraph answers proved to be deceptive.
       Lee was asked four espionage-related questions:
       "Have you ever committed espionage against the United
     States?''
       Lee's response: "No.''
       "Have you ever provided any classified weapons data to any
     unauthorized person?
       Lee's response: "No.''
       "Here you had any contact with anyone to commit espionage
     against the United States?''
       Lee's response: "No.''
       "Have you ever had personal contact with anyone you know
     who has committed espionage against the United States?''
       Lee's response: "No.''
       The polygrapher concluded that Lee was not deceptive. Two
     other polygraphers in the DOE's Albuquerque test center,
     including the manager, reviewed the charts and concurred: Lee
     wasn't lying.
       The polygraph results were so convincing and unequivocal,
     that sources say the deputy director of the Los Alamos lab
     issued an apology to Lee, and work began to get him
     reinstated in the X-Division. Furthermore, sources confirm to
     CBS News that the local Albuquerque FBI office sent a memo to
     headquarters in Washington saying it appeared that Lee was
     not their spy.
       But key decision-makers in Washington remained unconvinced.
       Several weeks after the polygraph, the DOE decided to
     assign it the unusual designation of "incomplete.''
     Officials in Washington also ordered a halt to Lee's re-
     instatement of the X-Division.
       When FBI headquarters in Washington finally obtained the
     DOE polygraph results yet another interpretation was offered:
     that Lee had failed the polygraph.
       The FBI then did its own testing of Lee, and again claimed
     that he failed. Yet sources say the FBI didn't interrogate
     Lee at this time, or even tell him he had failed the
     polygraph--an odd deviation from procedure for agents who are
     taught to immediately question anyone who is deceptive in a
     polygraph.
       In early March 1999, the FBI did interrogate Lee. It was
     the day CBS News broke the story of a soon-to-be-released
     congressional report on alleged Chinese espionage at the
     labs, and the day before The New York Times printed an
     article that described Lee as a suspect, without using his
     name. One investigative source tells CBS News that after this
     particular day of questioning, the lead FBI agent verbalized
     that she thought Lee was not the right man.
       But others still remained unconvinced.
       So on March 7, 1999, the day after the New York Times
     article, the FBI ordered another interrogation of Lee, this
     time a "confrontational'' style interview.
       One special agent doing the questioning told Lee no fewer
     than 30 times that he had failed his polygraphs, and
     repeatedly demanded to know why. Here are some selected
     excerpts:
       FBI special agent: "You're never going to pass a
     polygraph. And you're never going to have a clearance. And
     you're not going to have a job. And if you get arrested
     you're not going to have a retirement . . . If I don't have
     something that I can tell Washington as to why you're failing
     those polygraphs, I can't do a thing.''
       Lee: "Well I don't understand.''
       FBI special agent: "I can't get you your job. I can't do
     anything for you, Wen Ho. I can't stop the newspapers from
     knocking on your door. I can't stop the newspapers from
     calling your son. I can't stop the people from polygraphing
     your wife. I can't stop somebody from coming and knocking on
     your door and putting handcuffs on you.''
       Lee: "I don't know how to handle this case, I'm an honest
     person and I'm telling you all the truth and you don't
     believe it. I, that's it.''
       FBI special agent: "Do you want to go down in history
     whether you're professing your innocence like the Rosenbergs
     to the day that they take you to the electric chair?''
       Lee: "I believe eventually, and I think God, God will make
     it his judgement.''
       During this time period, Washington officials began leaking
     to the media that Lee had failed his polygraphs, and that he
     was "the one'' who had given to China information on
     America's most advanced thermo-nuclear warhead, the W-88. A
     stunning charge that, in the end, investigators were unable
     to back up.
       One question at hand is how could the exact same polygraph
     charts be legitimately interpreted as "passing'' and also
     "failing?'' CBS News spoke to Richard Keifer, the current
     chairman of the American Polygraph Association, who's a
     former FBI agent and used to run the FBI's polygraph program.
       Keifer says, "There are never enough variables to cause
     one person to say (a polygraph subject is) deceptive, and one
     to say he's non-deceptive . . . there should never be that
     kind of discrepancy of the evaluation of the same chart.''
       As to how it happened in the Wen Ho Lee case, Keifer
     thinks, "then somebody is making an error.''
       We asked Keifer to look at Lee's polygraph scores. He said
     the scores are "crystal clear.'' In fact, Keifer says, in
     all his years as a polygrapher, he had never been able to
     score anyone so high on the non-deceptive scale. He was at a
     loss to find any explanation for how the FBI could deem the
     polygraph scores as "failing.''

[[Page H9885]]

       The FBI has not explained how or why it interpreted Lee's
     polygraph as deceptive. When asked for an interview, the FBI
     simply said it would be "bad'' to talk about Lee's
     polygraph, and that the case will be handled in the courts.
     The prosecution has not turned over the charts and many other
     polygraph documents to Lee's defense team. And so far, the
     prosecution has withheld other key documents, including the
     actual charts from the DOE polygraph.
       Since Lee was never charged with espionage (only computer
     security violations), the content of the polygraph may be
     unimportant to his case. But the fact that his scores
     apparently morphed from passing to failing fuels the argument
     of those who claim the government was looking for a
     scapegoat--someone to blame for the alleged theft of masses
     of American top secret nuclear weapons information by China--
     and that Lee conveniently filled that role.

  Why did FBI Agent Robert A. Messemer lie? What penalty has he been
given? Was his lie perjured testimony? Is he still working for the FBI?
Was this a conspiracy within the FBI?
  Why didn't the court give Wen Ho Lee the benefit of the doubt?
  Why was he locked in a secure enclosed cell? Why was he required to
wear ankle and wrist shackles when allowed out for his daily one hour
exercise?
  Whose idea of "exercise'' includes the words "while shackled''? I
am told that at the court house while meeting with his lawyers, even
when escorted to the toilet, he was shackled.
  We are told that the Justice Department approved this severe
treatment--that the Department of Energy requested it--
  Attorney General Reno testified on September 28 in the Senate that
she was unaware that Wen Ho Lee was shackled and was not in receipt of
any complaints. A petition dated January 4, 2000 was signed by 3,000
people and forwarded to the Attorney General on March 8, and again on
June 8, 2000.

                                    Los Alamos, NM, March 8, 2000.

     Re: Petition for Independent Polygraph Test for Dr. Wen Ho
         Lee and for Improved Conditions of Imprisonment for Dr.
         Lee

     Norman C. Bay,
     Interim United States Attorney for the District of New
         Mexico, Albuquerque, NM.
       Dear Mr. Bay: Copies are enclosed of petition signatures of
     over 2000 people seeking your agreement to an independent,
     qualified polygraph test for Dr. Wen Ho Lee to confirm that
     the tapes at issue in the bail proceeding were destroyed and
     not copied.
       It is unconscionable that your office has refused to agree
     to an independent polygraph, which was offered by Dr. Lee and
     his counsel. The federal Judge who presided at the bail
     hearing indicated the Court welcomes such a polygraph to
     address the alleged concern of your office that the tapes
     which Dr. Lee swore he destroyed were indeed destroyed and
     not copied. The Tenth Circuit Court of Appeals recently
     upheld the Judge's reasoning. Confirmation that the tapes do
     not exist would verify that concern over transfer of the
     tapes is not a roadblock to the pre-trial release of Dr. Lee.
     An independent polygraph on the status of the tapes presents
     a straightforward means to allay the government's alleged
     fear about Dr. Lee's release on reasonable bail pending
     trial. The right to reasonable bail is guaranteed by
     Amendment VIII of the United States Constitution to all
     American citizens, including Dr. Lee.
       It is not acceptable for the United States Attorney's
     office to deny any American the opportunity of reasonable
     bail due to the possibility that the outcome of the
     independent polygraph would weaken the government's case.
     Every prosecutor's first duty is to achieve justice and
     fairness, not to convict at all cost.
       The Petitioners also seek improved conditions for Dr. Lee,
     who continues to be shackled in prison awaiting trial to
     clear his name. The conditions under which Dr. Lee is
     imprisoned are shameful. No person should be subject to such
     arbitrary and harsh conditions, especially one who, like Dr.
     Lee, is presumed to be innocent.
       Your immediate response to the request of the Petitioners
     is anticipated. All original petition signatures are
     available for inspection by you or your representative at my
     office, by appointment.
           Sincerely,
                                                Phyllis I. Hedges.
                                  ____


               Fight Unjust Treatment of Dr. Wen Ho Lee!

       Dr. Wen Ho Lee continues to be shackled as a prisoner in a
     Sante Fe jail although his trial is months away. Excessive,
     punitive restraints have been imposed on Dr. Lee while he
     waits for the opportunity to clear his name which was smeared
     by government leaks accusing him of being a spy. When the
     FBI, DOE, and United States Attorney found no evidence of
     spying by Dr. Lee they rationalized their botched
     investigation, laced with racism, by bringing criminal
     charges against Lee for placing classified information on
     non-classified computer tapes.
       The U.S. Attorney swayed the Albuquerque judge to deny bail
     by conjuring fear that Lee might somehow spirit the destroyed
     tapes and himself abroad. The judge indicated Lee should be
     released pending trial and suggested the U.S. Attorney agree
     to a polygraph examination offered by Lee's attorneys to
     verify the tapes were destroyed. The U.S. Attorney insists
     that Lee must agree to a polygraph administered by the FBI as
     well as FBI interrogations before and after the polygraph.
       You can do something to fight this injustice. Below is a
     petition to the U.S. Attorney for New Mexico to agree to an
     independent polygraph as well as more humane conditions for
     Dr. Wen Ho Lee during his incarceration.
       Please clip, sign, and return the petition to me at P.O.
     Box 1288, Los Alamos, NM. I will send the petition to the
     U.S. Attorney for New Mexico, listing your name with many
     others who have signed. Or, call me at 662-7400, to obtain a
     copy of the petition. For further information see
     www.wenholee.org.


                                petition

       Petitioners request that the United States Attorney for the
     District of New Mexico agree to an independent polygraph
     examination of Dr. Wen Ho Lee, to be administered by a
     reputable organization not associated with the defense or the
     prosecution in the proceeding by the United States against
     Dr. Lee, to confirm the status of the seven "missing'' tapes
     at issue in that proceeding.
       Pending resolution of Dr. Lee's pre-trial release,
     Petitioners request that the United States Attorney for New
     Mexico institute improved conditions for Dr. Lee during his
     confinement, including increased recreation and visiting
     opportunities.
     ________________________
       (your name)

  Another letter from Cecilia Chang signed by thousands of others were
sent to the Attorney General in April 2000.


                                                 WenHoLee.Org,

                                      Fremont, CA, April 10, 2000.

     Re: Review of Special Restrictions Imposed on Dr. Wen Ho Lee

     Hon. Janet Reno,
     U.S. Attorney General,
     U.S. Department of Justice, Washington DC.
       Dear Ms. Reno: The enclosed petition was signed on behalf
     of Dr. Wen Ho Lee by 1,288 of Dr. Lee's fellow American
     citizens, urging that you exercise your authority to release
     Dr. Lee from the harsh detention conditions imposed at your
     direction under 28 CFR Sec. 501.2. This petition, sponsored
     by WenHoLee.Org, also has been endorsed by organizations with
     combined membership of over 100,000, 106-faculty members from
     64 colleges and universities, and many community leaders,
     scientists and elected officials.
       Dr. Lee has spent the past 120 days shackled in jail in
     Santa Fe, New Mexico, awaiting trial to clear his name. The
     conditions under which Dr. Lee is imprisoned are shameful.
     Such arbitrary and harsh detention conditions are unjustified
     and should not be extended. there is no factual basis to
     infer any threat of disclosure by Dr. Lee, and his treatment
     is not regular, particularly in contrast with the treatment
     of others for classified information lapses.
       In national security cases the guide for implementing
     special detention restrictions under Sec. 501.2 is the
     prevention of disclosure of classified information. The
     restrictions must serve that goal.
       Dr. Lee is charged with transferring classified information
     to non-classified tapes at his workplace, with the illegal
     intent to harm the United States or to secure an advantage to
     a foreign country. He is not charged with any espionage or
     spy activity and there exists no allegation that Dr. Lee
     transferred or ever attempted to transfer any sensitive
     information to any unauthorized recipient. The only
     "evidence'' of the alleged criminal intent to harm the U.S.
     or assist another country is his transferring classified
     information to a non-classified system at his workplace.
       Although there are several possible innocent explanations
     for such a transfer, your prosecutors chose to assume mal
     intent from Dr. Lee's transfer of work files that included
     some classified material. Their assumption is not well
     founded. Los Alamos National Laboratory has thrived as an
     exemplary scientific institution because of its university
     atmosphere, including its long history of tacitly
     disregarding security restrictions that impede efforts to
     achieve scientific and work-related goals.
       It is imperative to seek accuracy in the national security
     justifications for causing Dr. Lee to suffer the demeaning
     and cruel conditions imposed on him. The original harsh
     detention conditions were imposed on the basis of conjecture
     rather than any reality of threats to national security. At
     the bail hearing for Dr. Lee, government witnesses and
     prosecutors engaged in preposterous rhetoric that distorted
     the nature of the classified information involved and its
     value to foreign entities. You have previously received
     letters sent by premiere scientific organizations, such as
     the American Physical Society, American Association for the
     Advancement of Science, Federation of American Scientists,
     New York Academy of Sciences, The Committee of Concerned
     Scientists, American Chemical Society, Overseas Chinese
     Physical Society, and others, protesting Dr. Lee's treatment
     and the voodoo science used to alarm the public. We ask that
     you consider these letters in arriving at your decision about
     Dr. Lee's detention.
       Of particular note is the contrast of Dr. Lee's treatment
     with that of former CIA Director John Deutch. Handling of the
     Deutch

[[Page H9886]]

     and Lee cases reveals the irregular treatment of Dr. Lee. Mr.
     Deutch's security violations, which went uninvestigated for
     years, exposed the United States to far greater harm than the
     security lapses by Dr. Lee. Mr. Deutch made accessible at his
     home, current and top secret information significantly more
     important to national security than the information
     transferred by Dr. Lee, which was not top secret and in fact
     can be found in the open or developed by other countries such
     as China on their own. The actions of Mr. Deutch posed a
     clear and present threat to national security whereas Dr.
     Lee's actions did not.
       Nevertheless the only consequence to Mr. Deutch was loss of
     a no longer required security clearance. Last year Dr. Lee
     lost his security clearance and with it the ability to
     continue his work at LANL to which he had dedicated the past
     20 years. Then in March 1999 Dr. Lee lost his job and his
     retirement, consequences unheard of for any security
     violation at the national laboratories. Whereas mishandling
     of classified information should have been an internal matter
     for DOE and LANL, on December 10, 1999, the United States
     Attorney brought federal criminal charges that threaten him
     with life in prison, made a media display of having him
     arrested at home, and worked relentlessly to deny bail and
     any conditions of release. Since December 10, 1999, under
     your authority, Dr. Lee has been subjected to inhumane
     conditions during his pre-trial imprisonment.
       The conclusion is inescapable that this overblown federal
     case emerged from the false accusations that Dr. Lee was
     engaged in espionage. The FBI has publicly stated the ensuing
     investigation of Dr. Lee was based on racial profiling. The
     FBI used intimidation, threats of execution, and lying, to
     try to force a confession during their interrogation of Dr.
     Lee. It can only be inferred that Dr. Lee's cruel treatment
     reflects bias against Dr. Lee, which should not have any
     place in the prosecutorial duty to achieve justice and
     fairness.
       Yours is a critical responsibility to stem the improper
     treatment of Dr. Lee, who is presumed to be innocent of
     criminal wrongdoing. Continuing the cruel conditions of his
     detention would afflict all American citizens by diminishing
     the rights and freedoms we cherish.
           Sincerely,
                                                     WenHoLee, Org
         (By: Cecilia Chang, Executive Director, Chair, Steering
           Committee Wen Ho Lee Defense Fund.)
                                  ____


                            Free Wen Ho Lee!

       Petition Recipients: Janet Reno, U.S. Attorney General;
     Bill Richardson, U.S. Energy Secretary; Vice President Al
     Gore.
       Petition Sponsored by: Wenholee.org, 3785 Armour Court,
     Freemont, CA 94536.

       To The Honorable Janet Reno: We, the signers of this
     petition, urge you to take advantage of the opportunity
     afforded you under Title 28 of the Code of Federal
     Regulations to free Dr. Wen Ho Lee from his harsh and unjust
     confinement in the New Mexico jail.
       Section 501.2 of Title 28 requires you to periodically
     reauthorize Dr. Lee's confinement. Under this law, you have
     the power to have Dr. Lee be confined to his home, with all
     necessary security precautions imposed at your discretion.
     Although Dr. Lee's movement will remain restricted under this
     arrangement, he will at lest be at home in humane conditions.
       If you do not free Dr. Lee from jail, then you must at
     least order that his conditions of confinement, which have
     been more fit for a mass murderer, be significantly improved.
     The use of shackles on Dr. Lee under any circumstances is
     ridiculous.
       As we make these requests of you, we would like to remind
     you that the government authorities already have conceded
     that the targeting of Dr. Lee has been entirely racially
     motivated and that there is no evidence of espionage by Dr.
     Lee. Yet, the government authorities continue to persecute
     Dr. Lee, singling him out on the basis of his race. The
     authorities' behavior and action have angered not just
     Chinese Americans across the country--but all Americans who
     believe that no one should be treated on the basis of his or
     her race or ethnicity, and that discrimination, especially by
     the government, is simply not acceptable!
       Furthermore, the discriminatory persecution of Dr. Lee not
     only shames the United States of America and its citizens, it
     also impedes our nation's efforts to improve human rights
     conditions to the victims of government oppression everywhere
     else around the world.
       Therefore, we, the people of America, ask you to do the
     right thing and free Dr. Lee!
       The views expressed here are those of the petition sponsor,
     not of One Democracy.com

  On February 29, 2000 the American Association for the Advancement of
Science sent the Attorney General a letter protesting Wen Ho Lee's
inhumane treatment in prison at the Sante Fe County Detention Center.
         American Association for the Advancement of Science,
           Directorate for Science and Policy Programs,
                                Washington, DC, February 29, 2000.
     Hon. Janet Reno,
     Attorney General, U.S. Department of Justice, Washington, DC.
       Dear Madame Attorney General: I write on behalf of the
     Committee on Scientific Freedom and Responsibility of the
     American Association for the Advancement of Science
     concerning the matter of the continued denial of bail and the
     conditions of pre-trial incarceration of Dr. Wen Ho Lee. The
     AAAS is the world's largest multi-disciplinary scientific
     organization. The Committee on Scientific Freedom and
     Responsibility is charged by the Association to, among other
     things, address issues related to the human rights of
     scientists.
       Our purpose is to inquire into the reasons for the
     extraordinarily restrictive conditions to which Dr. Lee has
     been subjected. Our disquiet with the government's treatment
     of Dr. Lee does not extend to the issue of his guilt or
     innocence, which will be decided by our courts on the basis
     of the evidence. Our concern stems from the possibility that
     Dr. Lee is being maltreated and may have been the target of
     special scrutiny because of his ethnic background.
       This case has had an adverse impact on many of our
     colleagues and could damage our national labs as a result of
     the hemorrhaging of skilled scientists through resignation or
     attrition, falling recruitment and a decline in the
     international collaboration that are so vital to the success
     of DoE programs. There is some evidence that such losses are
     already occurring.
       Our concerns relate to the following:
       We have been informed that the original conditions of
     detention were--and remain--harsh in the extreme. He is
     confined to his cell 23 hours each day and was, until
     recently, kept completely indoors. When moved about within
     the confines of the prison, his arms and legs are shackled.
     His weekly meetings with family members are curtailed and
     monitored and, early on, he was required to speak English. He
     has no access to TV and, at first, was denied newspapers.
     While we understand that these conditions are now slightly
     modified, we are concerned that continuing restrictions not
     only serve as intimidation, but may inhibit his ability to
     prepare his defense and place an enormous emotional and
     physical burden on him, his family and his attorneys. From
     our perspective, Dr. Lee's pretrial treatment appears to be
     exceedingly cruel. Court records and prosecution documents
     give the distinct impression that many measures were imposed
     simply because he has Chinese associates and speaks Chinese.
     AAAS believes very strongly that place of birth or ethnic
     background should never be used to impugn the loyalty of
     scientists.
       The justification for continued incarceration is that Dr.
     Lee, if released, is likely to pose a grave threat to our
     national security. In judging the merits of such a serious
     contention, we hope that you will consult with a few of the
     many informed independent[Congressional Record: October 12,
     security experts who no longer serve in government, and who
     therefore may provide an objective assessment of the risk.
     Should the Justice Department wish to seek such expert
     counsel, an appropriate source would be the National Academy
     of Sciences.
       In sum, we believe it important that the scientific
     community be given some assurances on these issues.
     Otherwise, we worry that serious damage could be done to the
     U.S. scientific enterprise and to this nation's future
     prosperity and security if the government is perceived by
     scientists as treating Dr. Lee unfairly and relying on
     unfounded claims regarding threats to national security.
           Sincerely,

                                              Irving A. Lerch,

                                          Chair, AAAS Committee on
                            Scientific Freedom and Responsibility.

  On March 14, 2000 the New York Academy of Science wrote to the
Attorney General protesting the harsh treatment of Wen Ho Lee.

                                                   March 14, 2000.
       Dear Attorney General Reno: I am writing on behalf of the
     Committee on Human Rights of Scientists of the New York
     Academy of Sciences. In this we are joining other prominent
     scientific organizations such as the American Physical
     Society, the American Association for the Advancement of
     Science, and the Committee of Concerned Scientists regarding
     the condition of detention and the denial of bail for Dr. Wen
     Ho Lee accused of mishandling classified information at the
     Los Alamos National Laboratories. At the outset we emphasize
     that we do not take a position on Dr. Lee's guilt or
     innocence which must be determined at trial.
       For more than 20 years, this Committee has been deeply
     concerned about governmental treatment and repression of
     scientists throughout the world. Among the cases in which we
     have intervened were those of Professors Andrel Sakharov,
     Fang Li Zhe, Benjamin Levich, and recently Alexandr Nikitin,
     to name just a few. Often the scientists named in these cases
     were accused by their governments of violation of secrecy,
     treason, and other high crimes. Our Committee has always paid
     close attention to the conditions under which these and other
     individuals were held during their detention, as well as
     related matters such as denial of bail, access to counsel,
     and openness and fairness of trial.
       It has been reported to us that the conditions of Dr. Lee's
     detention have been harsh. He has been shackled in prison,
     restricted to his cell in isolation, had his meetings with
     immediate family curtailed, and been restricted about outside
     information such as TV and newspapers. These conditions
     remind

[[Page H9887]]

     us of the abuses that occurred under Communist rule in the
     former Soviet Union and occur to this day in other
     totalitarian states such as in China, Iran, and others.
       The impression given to the world by the Government's
     treatment of Dr. Lee is that he has already been found guilty
     of charges against him. Witness, for example, the statement
     repeated by CIA Director George Tenet that Lee's actions were
     taken "with intent to harm the United States.'' We earnestly
     call to your attention that Dr. Lee's treatment during his
     detention has had a seriously chilling effect on the
     scientific community, especially because of the suspicion
     that his ethnic background has played some role in this
     treatment and in the unproven public allegations made about
     his possible motives for the acts of which he is accused.
       In addition, reliable reports reach us that the recruiting
     and retention of top scientific staff at our major national
     laboratories, including weapon laboratories, have been
     damaged by this affair. We urge that you look into the
     treatment of Dr. Lee and see to it that the physical and
     psychological conditions of Dr. Lee's detention conform to
     the highest international standards for the humane treatment
     of people in detention awaiting trial. Continuation of the
     harsh treatment of Dr. Lee will expose us to ridicule when we
     criticize such treatment in other countries around the world.
       The New York Academy of Sciences is an independent, non-
     profit, global membership organization committed to advancing
     science, technology, and society worldwide. Established in
     1817, the Academy is the oldest scientific organization in
     New York and the third oldest in the nation. It is an
     international organization with nearly 40,000 members in more
     than 150 countries.
       We respectfully await your response in this matter of
     importance to this Committee and to the international
     scientific community.
           Sincerely,

                                             Joseph L. Birman,

                                         Chairman of the Committee
                                    on Human Rights of Scientists.

  April 27, 2000 a Resolution passed by the Episcopal Church USA was
sent to the Attorney General protesting the harsh treatment of Wen Ho
Lee.

     To: Executive Council, Episcopal Church, USA.
     From: international and National Concerns Committee.
     Date: April 27, 2000.

     Subject: Incarceration of Dr. Wen Ho Lee (Resolution proposed
         by Ms. Carole Jan Lee, Member of Executive Council from
         San Francisco, California).

       Resolved, That the Executive Council meeting in the Diocese
     of Washington, DC, April 27-30, 2000, calls for the humane
     treatment of Dr. Wen Ho Lee, a U.S. citizen, who has been
     under arrest without bail in solitary confinement with
     limited family visits, and that these conditions have created
     grave concern, particularly among the Asian American
     community, of being unduly harsh treatment along racial
     lines, a perception for which the Council has concern given
     the number of disturbing complex factors in this case, and be
     it Further
       Resolved, That this case moves forward in a manner that
     assures that Dr. Lee receives due process, and be it Further
       Resolved, That this resolution is not intended to speak of
     the veracity of the very serious charges that have been filed
     against Dr. Lee.
       (Resolution passed, thirty-five members present; six
     abstentions.)
       Note: Copies of this resolution will be sent to Attorney
     General Janet Reno, and to our Washington Office.
       (Our Public Policy Network has a mailing list of over nine
     thousand names.)

  On June 26, 2000 the National Academy of Sciences, National Academy
of Engineering and Institute of Medicine wrote to the Attorney General
protesting the severity of Wen Ho Lee's confinement.
                                                    June 26, 2000.
     Hon. Janet Reno,
     Attorney General, Department of Justice, Washington, DC.
       Dear Madam Attorney General: We write with regard to our
     original March 10 inquiry to you about the case of Dr. Wen Ho
     Lee (#99-1417) and to express our appreciation for the May 24
     response that we received from Mr. John J. Dion.
       The information that Mr. Dion provided about Dr. Lee's case
     was, of course, of interest to us. However, because Mr. Dion
     did not address many of the questions that we posed in our
     initial letter of inquiry, we are taking the liberty of
     requesting, once again, information on the conditions and
     circumstances under which Dr. Lee is being held. Surely, the
     answers we seek cannot in any way impinge upon the just
     prosecution of a pending case.
       It is our understanding that Dr. Lee has been held in
     solitary confinement since his arrest on December 10, 1999,
     that he has been denied bail, and that he will not be brought
     to trial until November 6. We would like your personal
     assurances that his conditions of confinement have been in
     full accordance with all U.S. and international standards. We
     have inquired as to what and how much contact Dr. Lee is
     permitted to have with his family, defense counsel, and
     lawyers. Although Mr. Dion said in his letter that
     arrangements have been made to allow Dr. Lee's family to meet
     with him "for more than one hour per week,'' he did not say
     what the new arrangements for Dr. Lee allow nor did he report
     with whom he is now allowed to meet.
       We would also like to know whether, as has been alleged by
     Dr. Lee's family, instruments of restraint are being applied
     to him. If so, what instruments are used, when and for how
     long are they applied, why, and under what circumstances?
       With regard to the need for a fair and timely trial, we
     seek your personal assurances that Dr. Lee's rights not to be
     coerced into giving a confession and not to be held in a
     coercive environment are being fully respected. We would also
     like to know what access Dr. Lee's lawyers are being given to
     information needed to adequately prepare his defense.
       You should know that the above questions are identical to
     those that our Academies regularly pose to foreign
     governments when we desire assurances that the rights of our
     imprisoned colleagues in other countries are being fully
     respected. Surely, we cannot expect less from our own
     government.
       We are grateful for your attention and look forward to your
     reply.
       Very truly yours,
     Bruce Alberts,
                          President, National Academy of Sciences.
     William Wulf,
                       President, National Academy of Engineering.
     Kenneth Shine,
                                 President, Institute of Medicine.

  Finally by mid-July 2000 his conditions of confinement were eased. By
the last week in July he finally was allowed to exercise without ankle
shackles. This, his friends conclude, came about because there was
another bill hearing scheduled on August 16, 2000. Remember Judge
Parker had asked that the confinement restrictions be eased. August 16,
2000 Amnesty International protested to the Justice Department that Wen
Ho Lee's confinement was in violation of international law.

 Amnesty International Protests Solitary Confinement, Shackling of Dr.
                               Wen Ho Lee

       Washington, DC, Aug. 16, 2000.--Amnesty International, the
     world's largest human rights organization, has written to
     Attorney General Janet Reno to protest the conditions under
     which Dr. Wen Ho Lee has been held in pre-trial federal
     detention since December 1999.
       In the Aug. 4 letter, released as Judge James A. Parker
     hears a renewed application for Dr. Lee's release on bail,
     Amnesty International expressed concern at reports that Dr.
     Lee has been held in particularly harsh conditions of
     solitary confinement, and has been confined to his cell for
     23 hours each day. According to reports, Dr. Lee has also
     been shackled at the wrists, waist, and ankles while taking
     exercise once or twice a week in a federal enclosure. Amnesty
     International is insisting that the use of shackles be
     immediately discontinued.
       These conditions are unnecessarily punitive and contravene
     international human rights standards, said Curt Goering,
     Senior Deputy Executive Director of Amnesty International
     USA. The use of shackles is extremely disturbing and is
     grossly inappropriate in the circumstances.
       Rule 33 of the United Nations (UN) Standard Minimum Rules
     for the Treatment of Prisoners provides that restraints
     should be used only when strictly as a precaution against
     escape during transfer, on medical grounds on the direction
     of the medical officer or to prevent damage or injury. The
     rules also state that restraints should never be applied as
     punishment and that chains or irons shall not be used as
     restraints. The rules also provide that every prisoner
     (including pre-trial detainees) should have at least one hour
     of suitable exercise in the open air daily.
       Amnesty International believes that the overall conditions
     under which Dr. Lee is detained contravene international
     standards, which require that all persons deprived of their
     liberty be treated humanely and with respect for their
     inherent dignity. Amnesty International is urging the Justice
     Department to urgently review Dr. Lee's conditions of
     confinement and ensure that he is being treated in accordance
     with international standards. Such steps should include
     provision for adequate exercise and out-of-cell time and
     reasonable contact with the outside world.

  August 31, 2000 the National Academies that had previously written (3
letters) to the Attorney General again regarding her failure to respond
to their earlier letters.
                                                  August 31, 2000.

              An Open Letter to the U.S. Attorney General

     Hon. Janet Reno, Attorney General,
     U.S. Department of Justice, Washington, DC.
       Dear Madam Attorney General: We, the presidents of the
     National Academies, along with our Committee on Human Rights
     and many of our members, are distressed by several matters
     which have arisen regarding the case of Dr. Wen Ho Lee and
     his incarceration during the past eight months. Although we
     make no claim as to his innocence or guilt, he appears to be
     a victim of unjust treatment.
       We are writing to you, as the chief law officer and legal
     counsel of our nation, to urge you to rectify any wrongs to
     which Dr. Lee has been subjected, and to ensure that he
     receives fair and just treatment from now on. We also urge
     that those responsible for any injustice that he has suffered
     be held accountable. Even more importantly, perhaps, we urge
     that safeguards be put in place to ensure that, in future,
     others do not suffer the same plight.

[[Page H9888]]

       We write publicly because our private letters of March 10,
     April 14, and June 26 of this year with regard to Dr. Lee's
     plight have been responded to only by a form letter signed by
     your Acting Chief of the Internal Security Section. (His
     letter was not a satisfactory response to the questions that
     we had posed, as we indicated in our follow-up letter of June
     26.)
       We should perhaps explain that, for more than a century,
     the National Academy of Sciences has provided independent,
     objective scientific advice to our nation. By extension of
     its original congressional charter, it established the
     National Academy of Engineering, the Institute of Medicine,
     and the National Research Council. Some 4,800 of our nation's
     most distinguished leaders in science, engineering, medicine,
     and related fields have been selected by their peers to be
     members of the Academies and the Institute.
       We are concerned that inaccurate and detrimental testimony
     by government officials resulted in Dr. Lee needlessly
     spending eight months in prison under harsh and questionable
     conditions of confinement. Our assessment appears to have
     been confirmed by the recent ruling of Judge James Parker in
     granting bail to Dr. Lee.
       The three institutions of which we are presidents have an
     active Committee on Human Rights. During the last 25 years
     this committee has intervened in the name of our institutions
     on behalf of hundreds of scientific colleagues, around the
     world, who are unjustly detained or imprisoned for
     nonviolently expressing their opinions. The committee writes
     inquiries and appeals to offending governments and holds them
     accountable for their actions. Although Dr. Lee has not been
     detained for expressing his opinions, the handling of his
     case reflects poorly on the U.S. justice system. The concerns
     that we have expressed and the questions that we have posed
     in our letters are identical to those that our Committee on
     Human Rights regularly poses to foreign governments, some of
     which have had the courtesy to respond. Surely, we cannot
     expect less from our own government.
           Very truly yours,
     Bruce Alberts,
       President, National Academy of Sciences.
     Wm. A. Wulf,
       President, National Academy of Engineering.
     Kenneth I. Shine,
       President, Institute of Medicine.
                                  ____


    Text of the First Letter From the Presidents of the 3 National
                        Academies to Janet Reno

                                                   March 10, 2000.
     Hon. Janet Reno,
     Attorney General,
     U.S. Department of Justice, Washington, DC.
       Dear Madam Attorney General: We write to inquire about the
     status of the case (#99-1417) of a physicist, former Los
     Alamos National Laboratory employee Wen Ho Lee. It is our
     understanding that Mr. Lee is charged with 59 felony counts
     under statutes 42 USC 2275, 2276 and 18 USC 793 (c&e). He is
     currently being held without bail in Albuquerque, New Mexico,
     pending trial.
       The purpose of this letter is to inquire about several
     matters related to Mr. Lees case, as well as to request your
     assurances that his rights are being full respected.
       In view of recent allegations in the press with regard to
     Mr. Lees treatment, we would appreciate being informed as to
     the conditions and circumstances under which Mr. Lee is being
     held. Are his conditions of confinement in accordance with
     all U.S. and international standards? We would also like to
     know whether, as has been alleged by Mr. Lee's family,
     instruments of restraint have been applied to him. If so,
     what instruments were used, when and for how long were they
     applied, why, and under what circumstances?
       With regard to the need for a fair trial, we would value
     your assurances that Mr. Lee's rights not to be coerced into
     giving a confession and not to be held in a coercive
     environment are being fully respected. What and how much
     contact is Mr. Lee permitted to have with his family, defense
     counsel, and lawyers? We would also like to know what access
     Mr. Lee's lawyers are being given to information needed to
     adequately prepare his defense.
       We very much appreciate your attention to our inquiry and
     look forward to receiving information that will help to
     assure us that all reasonable measures are being taken to
     protect Mr. Lee's rights, in full accordance with U.S. and
     international law.
           Very truly yours,
     Bruce Alberts,
       President, National Academy of Sciences.
     William Wulf,
       President, National Academy of Engineering.
     Kenneth Shine,
       President, Institute of Medicine.

  January 30, 2000, the National Asian Pacific American Legal
Consortium wrote to the Attorney General expressing concerns about
overzealous prosecution and detention.
  On April 13, 2000, the Organization of Chinese Americans wrote to
Norman Bay, the U.S. Attorney based in Albuquerque, raising questions
about his detention.
  On August 18, 1999, the National Asian Pacific American Bar
Association wrote to the Attorney General noting the fact that the FBI
had not investigated the other prime suspects. It noted the comments of
Robert S. Vrooman, former Chief of Counter-Intelligence at Los Alamos
who said Wen Ho Lee was targeted because he was Chinese.
                                                 January 30, 2000.
     Re: Dr. Wen Ho Lee

     Hon. Janet Reno,
     Attorney General, U.S. Department of Justice, Washington, DC.
       Dear Madam Attorney General Reno: Per our meeting January
     12, 2000, I am enclosing a memorandum discussing the Asian
     Pacific American community's concerns that we raised with you
     and Deputy Attorney General Eric Holder concerning the
     prosecution of Dr. Wen Ho Lee. We don't seek to argue about
     Dr. Lee's guilt or innocence, but instead to focus on his
     treatment. It appears to the Asian American community, indeed
     to many concerned about issues of civil liberties and due
     process, that some of the prosecution's decisions have been
     overzealous--perhaps out of embarrassment because of the many
     media reports about how the investigation was handled.
       We are concerned that the intense media scrutiny and high
     political stakes involved in his case may be compromising Dr.
     Lee's due process rights and civil liberties as an American
     citizen and bringing the loyalties of the nation's Asian
     Pacific Americans under a cloud of suspicion. Our analysis
     takes into careful consideration of U.S. District Judge James
     Parker's Memorandum Opinion and Order and the voluminous bail
     hearing transcripts.
       I thank you for taking the time to meet with us, and for
     the sensitive manner in which you handled and continue to
     give attention to our concerns. I look forward to your reply.
           Sincerely,
                                                Karen K. Narasaki,
                                               Executive Director.
     The Honorable Eric Holder,
       Deputy Attorney General.
     Yvonne Lee,
       U.S. Commission on Civil Rights.
     Daphne Kwok,
       Organization of Chinese Americans.
     Nancy Choy,
       National Asian Pacific American Bar Association.
     Dr. John Young,
       Committee of 100.
                                   ____


                               MEMORANDUM

     To: Attorney General Janet Reno.
     From: Karen Narasaki, Executive Director, NAPALC; Aryani Ong,
         Staff Attorney.
     Date: January 30, 2000.
     Re: Dr. Wen Ho Lee's Pretrial Detention.
       Currently, Dr. Lee is being held in prison pending trial,
     having been denied pretrial release. He has been charged with
     59 separate counts involving 19 computer files--29 counts of
     removing and tampering with restricted data, 10 counts of
     receiving restricted data, 10 counts of gathering national
     defense information and 10 counts of retaining national
     defense information. We understand that he is being held in
     custody under solitary confinement. He cannot see his family
     except for four hours per month nor receive any mail. We've
     also heard reports that he is not being allowed to speak
     Chinese to his visitors.


 i. dr. lee has faced harsh treatment that is disproportionate to the
                         evidence of wrongdoing

       Many in the Asian American community believe that the
     prosecution has been overzealous in their treatment of Dr.
     Lee, given the evidence presented at the detention hearing
     and what has been reported in the news. They are convinced
     that federal investigators used racial profiling in the
     initial targeting of Dr. Lee. They also believe that the
     Department of Energy and others involved are acting so
     harshly due to embarrassment from the congressional attacks,
     the reported bungling of the initial investigation and the
     failure to find evidence of espionage after the investigation
     was leaked.
       Many community leaders believe that prosecutors have been
     overstating the security risk to create a hostile public
     environment so that he will be tried based on the perception
     of espionage, despite the fact that there is insufficient
     evidence to even bring such a charge. He is being treated as
     though there is overwhelming evidence of espionage even
     though the detention hearing revealed no such evidence.
     Without such evidence, the community believes that pretrial
     detention in solitary confinement is not warranted. Solitary
     confinement seems to have no basis except to impose
     psychological stress on the defendant so that he will not be
     able to pursue the vigorous defense to which he is entitled.


                     a. denial of pre-trial release

       Where the statutory scheme 18 U.S.C. Sec. 3142 generally
     favors the defendant, Dr. Lee nonetheless was denied bail.
     While we respect the judge's decision, we are concerned that
     he was provided with characterizations of Dr.

[[Page H9889]]

     Lee as a Chinese spy that are not substantiated by the
     evidence and that influenced his decision not to consider
     alternative conditions for release. For many in the Asian
     community, it bears a potential resemblance to the Supreme
     Court's decision to uphold the internment of Japanese
     Americans because the threat to national security was
     overstated by government attorneys who destroyed evidence
     that undercut the argument. While we are certainly not
     charging the Department of Justice with such misconduct here,
     we do believe that Korematsu v. U.S., 323 U.S. 214 (1944),
     Hirabayashi v. U.S., 320 U.S. 81 (1943), and Yasui v. U.S.,
     320 U.S. 115 (1943) are cases instructive of how much more
     careful we must be when national security threats are being
     claimed as a basis for unfair and harsh treatment.
       Under Sec. 3142(b), the judge "shall order the pretrial
     release'' of a defendant to "subject to the least
     restrictive further condition.'' According to Judge Parker,
     no alternative conditions would save against the "danger''
     posed by Dr. Lee's "ability to communicate with unauthorized
     persons while under house arrest.''
       We are concerned with the suggestive nature of this
     assertion because there is no evidence that shows that Dr.
     Lee transferred any classified information to an unauthorized
     third party nor ever attempted to commit such act. Moreover,
     the Government has not provided any direct evidence of Dr.
     Lee's intent to use classified information to injure the
     United States nor procure unfair advantage to a foreign
     nature. Yet, the charges brought against Dr. Lee make this
     assertion, and while espionage is not expressly among them,
     the specter of espionage is raised throughout the
     detention hearing and prominently figures into the judge's
     rationale for denying a pretrial release.
       What the evidence does show is that Dr. Lee has been the
     target of an investigation since 1995 for the possible theft
     of W-88 data theft, which he has been cleared for over a
     year. In March 1999, he was placed under 24-hour secret
     surveillance for nine months, yet during that time, the FBI
     acquired no evidence showing that Dr. Lee attempted to
     transfer or transferred classified information to any
     unauthorized third party. Instead, they found six tapes in
     his office, and received an offer from Dr. Lee to take a
     polygraph test to determine the truthfulness of his statement
     to the FBI regarding the seven missing tapes. The Government
     rejected the offer, but used his inability to produce the
     missing tapes as the rationale for holding him without bail.
     This places Dr. Lee in the untenable position of producing
     tapes that he says has been destroyed or proving they no
     longer exist. How can he be expected to prove they no longer
     exist?
       Furthermore, even though Dr. Lee is not charged with
     espionage, the Govenrment strongly inferred the allegation
     during the detention hearings. We are concerned that Dr.
     Lee's contacts with Chinese scientists and government
     officials are depicted as bad acts in and of themselves when
     the evidence shows otherwise. Dr. Lee's trips to China were
     authorized by the Los Alamos National Laboratories and his
     scientific collaborations with the Chinese were encouraged by
     the Secretary of the Department of Energy.
       The Government successfully argued that Dr. Lee is a
     national security risk based on the fact that the seven
     portable tapes are missing and that Dr. Lee has the cognitive
     ability to potentially assist a third party in using the
     codes. Based on a single witness, they persuaded the Court to
     view Dr. Lee's actions in the most damaging light possible,
     using words such as "devious,'' "nefarious,'' and
     "secretive and deceptive.''
       Without doubt, we too find Dr. Lee's actions very grave. We
     do not condone any employee who breaches security rules,
     especially when sensitive defense information such as nuclear
     weapons designs is involved. However, we also are guided by
     the evidence presented and the presumption of innocence until
     proven guilty in our justice system.
       Dr. Lee faces very serious criminal charges, but he has not
     had his day in court. Meanwhile, he is being held in custody
     as if he posed a threat of heinous violence to the community.
     We particularly are concerned that despite many alternatives
     that have been in practice by other courts, i.e., house
     arrest, electronic monitoring, supervision by a third-party
     custodian, visitation by court-approved persons and consent
     to unannounced searches, the Government chose the harshest
     alternative for a nonviolent offense.
       The Court uses a four-part test to determine whether there
     are conditions of release that will reasonably assure a
     defendant's appearance and the safety of the community. We
     find that the evidence shows the following: (1) Dr. Lee was
     not charged with committing a violent act or dealing with
     drugs; (2) no direct evidence exists to prove that Dr. Lee
     had the intent to injure the United States or procure an
     unfair advantage to a foreign nation; (3) Dr. Lee has strong
     community ties and no past criminal record; and, (4) he has
     not acted in a manner to suggest that he poses a danger to
     society; there is no evidence that he attempted to transfer
     or transferred classified information to an unauthorized
     third party nor that he assisted any person with the use of
     the classified information. Yet, despite the evidence, Dr.
     Lee been denied one of the most sacred guarantees by our
     Constitution--his freedom.
       Judge James Parker indicated that he would be willing to
     revisit the issue of pretrial release if Dr. Lee could
     satisfactorily account for the missing seven tapes. We
     encourage the Government to work with Dr. Lee's attorneys on
     Dr. Lee's offer to take a polygraph test as to the
     disposition of the tapes so that they can move forward on
     discussing alternative conditions of release.


      B. Imposition of the Harshest Restrictions During Detainment

       Dr. Lee has been placed under solitary confinement and
     restricted from family visits except for four hours per
     month. While the prison warden may have the discretionary
     authority regarding at least visitation, we believe that the
     Government can weigh on the conditions imposed on Dr. Lee's
     confinement.
       We are concerned about reports from the media and the
     detention hearing transcripts that the FBI have been
     employing psychological tactics to pressure Dr. Lee to
     "confess'' to wrongdoings or to break down his will to go
     through a trial. The Asian American community does not
     understand the national interest in placing harsh
     restrictions on a defendant who has been been proven guilty.
     In fact, Dr. Lee's treatment in jail only has strengthened
     the majority view of the Asian Pacific American community
     that the Government has selectively and unfairly
     investigated and prosecuted Dr. Lee.
       Judge Parker urged the Government to consider loosening
     what he himself described as severe restrictions imposed on
     Dr. Lee. We also urge the Government to carefully consider
     the offer by Dr. Lee's attorneys to have Dr. Lee undergo a
     polygraph test so that Court may reevaluate any changed
     circumstances that warrant his pretrial release.


ii. the department of justice should be particularly circumspect given
    the political nature of the circumstances surrounding dr. lee's
                              prosecution

       The Asian American community has been carefully monitoring
     the developments of Dr. Lee's situation because they are
     concerned that political forces may be playing an
     inappropriately significant role in the investigation and
     prosecution of Dr. Lee. The media, initially led by The New
     York Times recklessly portrayed Dr. Lee as a Chinese spy. The
     Cox House Committee Report, later criticized for serious
     inaccuracies by the Rudman Report and esteemed Stanford
     University researchers, took advantage of the opportunity to
     embarrass the Administration by fanning fears about Communist
     China.
       Given Dr. Lee's ethnic background, the community was
     concerned that he was investigated on the basis of his ethnic
     background. Former FBI counterintelligence officers reporting
     to the media that they believed racial profiling occurred in
     Dr. Lee's case validated their concerns. Further reports that
     in fact the Chinese government could have gained the
     information from other sources and that Dr. Lee's laboratory
     probably could not have been the source for the design
     information have added to the community's alarm.
       While the community does not condone Dr. Lee's egregious
     mishandling of classified information, they fear that Dr. Lee
     is vulnerable to being used as a scapegoat to take attention
     from the embarrassing wealth of security lapses that the
     Energy Department has allowed to occur. In its efforts to
     overcome the series of embarrassing disclosures and to look
     tough on security, the Department of Energy may not be acting
     fairly or providing prosecutors with full disclosure.
       The Asian American community is concerned that Dr. Lee's
     due process rights may fall victim to political scapegoating
     and that negative repercussions for other Asian Americans
     working in science and technology may follow if a pattern of
     disregard for civil liberties is established in this case.
                                  ____

                                            National Asian Pacific


                                     American Bar Association,

                                  Washington, DC, August 18, 1999.
     Hon. Janet Reno,
     Attorney General, U.S. Department of Justice, Washington, DC.
       Dear Ms. Reno: We are writing to express our deep concern
     about recent accounts that race may have played a significant
     factor in pursuing the investigation of Dr. Wen Ho Lee for
     alleged espionage. While we do not condone acts of espionage
     or any other illegal activity by any individual, we ask that
     you ensure that race is not now a factor as you make
     decisions regarding this and other investigations and
     prosecutions involving security violations at Los Alamos and
     other national laboratories.
       According to Senators Fred Thompson and Joseph Lieberman in
     a statement issued on August 5, 1999, the Department of
     Energy and the Federal Bureau of Investigation had multiple
     suspects for leaks of nuclear warhead information and yet
     only two--Dr. Lee and his wife--were investigated. Because
     the DOE and FBI investigators failed to look into the other
     suspects "--that is, to assess whether these others were not
     for some reason equally suspicious--meant that it was
     impossible to be sure that the Lees really did stand out as
     the prime suspects.'' (Thompson/Lieberman Report p. 18.) This
     account is further buttressed by recent statements made by
     Robert S. Vrooman, former chief of Counter-Intelligence at
     the Los Alamos National Laboratory. Mr. Vrooman stated that
     Dr. Lee was targeted for investigation mainly because of his
     ethnicity, and that there is no evidence that Dr. Lee leaked
     secrets to China. Mr. Vrooman noted that at least 13
     Caucasian scientists from Los Alamos "who went to the same
     [physics] institute and visited the same people'' as Dr. Lee
     were left out of the investigation.

[[Page H9890]]

       Furthermore, both the Thompson/Lieberman Statement and Mr.
     Vrooman noted that key technical information concerning
     certain weapons, whose acquisition by the Chinese government
     initiated the investigation of Mr. Lee, was available to
     numerous government and military entities that could have
     been the source of the leaked information.
       While we recognize that Mr. Vrooman's statements will be
     subject to debate, we believe that it is important that you
     verify that no "racial profiling'' occurred in this
     investigation. Additionally, we would like to request a
     meeting with you to discuss these issues. In the meantime, we
     ask that as you continue your investigation of security leaks
     at our national laboratories, you do so with a heightened
     consideration for fairness.
           Sincerely,
     Nancy Choy,
       Executive Director, National Asian Pacific American Bar
     Association.
     Daphne Kwok,
       Executive Director, Organization of Chinese Americans.
     Jin Sook Lee,
       Executive Director, Asian Pacific American Labor Alliance,
     AFL-CIO.
     Jon Melegrito,
       Executive Director, National Federation of Filipino
     American Associations.
     Debasish Mishra,
       Executive Director, India Abroad Center for Political
     Awareness.
     Karen Narasaki,
       Executive Director, National Asian Pacific American Legal
     Consortium.
                                 ______

                                                   Organization of


                                      Chinese Americans, Inc.,

                                   Washington, DC, April 13, 2000.
     Mr. Norman Bay,
     U.S. Attorney, Albuquerque, NM.
       Dear Mr. Bay: Thank you very much for meeting with us last
     week. The Asian Pacific American community nationwide has
     been monitoring the Wen Ho Lee case for over a year. The
     community has been concerned with the public discourse and
     media stereotypes arising from the case that insinuate all
     Asian Pacific Americans as disloyal foreigners. With regard
     to Dr. Lee, the community is wondering whether he has been
     accorded his due process rights as an American citizen during
     the investigation and decision making to prosecute him.
       Since Dr. Lee's incarceration in December of 1999, the
     community has been very concerned about the fact that he has
     not been granted bail until his trial. One of the questions
     we have is what are the conditions, if any, must Dr. Lee meet
     in order for him to be released on bail?
       As a follow up to our conversation, we wanted to ask
     specific questions about Dr. Lee's incarceration.
       We understand that Dr. Lee has been charged with
     mishandling classified data. A concern of the community is
     that since Dr. Lee has not been charged with espionage then
     why is he being treated as if he has been charged with
     espionage? As someone charged with a nonviolent act, the
     community believes Dr. Lee should be treated like those
     charged with other nonviolent "white collar'' offenses.
       We have heard the following:
       Dr. Lee is in "solitary confinement.''
       Dr. Lee is "shackled'' all day.
       Dr. Lee's ankles and wrists are shackled when he is moved
     within the jail facility, even during his one hour of
     exercise, and unremoved during weekly meetings with his
     family.
       No collect calls to any outside party are allowed except to
     his counsel.
       Kept separate from other prisoners during one hour long
     exercise.
       Dr. Lee is only allowed one hour outside of his jail cell
     for exercise per day, but not always outside under the
     sunlight.
       Dr. Lee is not allowed to read newspapers, magazines,
     books.
       Dr. Lee is not allowed to watch TV.
       We would greatly appreciate your response to these points
     as soon as possible so that we may accurately respond to the
     inquiries from our community about Dr. Lee's confinement.
     Thank you very much.
           Sincerely,
     Daphne Kwok,
       Executive Director, Organization of Chinese Americans.
     Nancy Choy,
       Executive Director, National Asian Pacific, American Bar
     Association.
     Aryani Ong,
       Staff Attorney, National Asian Pacific American, Legal
     Consortium.
     Jin Sook Lee,
       Executive Director, Asian Pacific American, Labor Alliance,
     AFL-CIO.
     Kristine Minami,
       Washington, D.C. Representative, Japanese American Citizens
     League.
                                  ____


                     Declaration of Robert Vrooman

       I, Robert Vrooman, do hereby declare and state:
       1. I have reviewed the government's response to Wen Ho
     Lee's Motion for Discovery of Materials Related to Selective
     Prosecution, including the attached Declaration of Special
     Agent Robert Messemer. As set out below, Agent Messsemer's
     declaration contains numerous false statements. Based on my
     experiences with Agent Messemer and the information I have
     received from other FBI agents, I believe that the regularly
     distorts information.
       2. I did not tell Agent Messemer that Lee probably assisted
     the Chinese by helping fix Chinese hydrocodes during his
     travel in 1986 and 1988. His allegation that I did so is
     false. Our April 28, 1999 meeting focused on [approx, one
     line deleted] and Agent Messemer's theory that there was
     something inappropriate going on [words deleted]. I attended
     that interview solely as a favor to John Browne, the director
     of Los Alamos National Laboratory. When it was over, I told
     Browne that I considered the interview strange, because it
     had nothing to do with the Lee case. I later learned from
     officials at the CIA that Agent Messemer was falsely
     informing CIA officials that I had been critical [word(s)
     deleted]. At the time, Agent Messemer was attempting to shift
     blame to the CIA for possible fallout [words deleted]. I
     sought to obtain a copy of Agency Messemer's memoranda of my
     interview and to have it corrected. See Attachment one. The
     FBI refused to provide me a copy of this memorandum, which I
     expect contains false information.
       3. Agent Messemer's statement that the individuals selected
     for investigation was chosen because they fit "matrix''
     based on access to W-88 information and travel to the PRC is
     false. Dozens of individuals who share those characteristics
     were not chosen for investigation. As I explained in my prior
     declaration, it is my firm belief that the actual reason Dr.
     Lee was selected for investigation was because he made a call
     to another person who was under investigation in spite of the
     fact that he assisted the FBI in this case. It is my opinion
     that the failure to look at the rest of the population is
     because Lee is ethnic Chinese.
       4. Mr. Moore's contention that the Chinese target
     ethnically Chinese individuals to the exclusion of others,
     therefore making it rational to focus investigations on such
     individuals was not borne out by our experience at Los
     Alamos, which was the critical context for this
     investigation. It was our experience that Chinese
     intelligence officials contacted everyone from the
     laboratories with a nuclear weapons background who visited
     China for information, regardless of their ethnicity. I am
     unaware of any empirical data that would support any
     inference that an American citizen born in Taiwan would be
     more likely than any other American citizen [deletion].
       5. Of the twelve people ultimately chosen for the short
     list on which the investigation focused, some had no access
     at all to W-88 information, and one did not have a security
     clearance, but this individuals is ethnically Chinese. I do
     not believe this was a coincidence. Further, this ethnically
     Chinese individual did not fall within the "matrix'' which
     Agent Messemer claims was used by the DOE and FBI. In
     addition, although there were other names on the HI list, Mr.
     Trulock made clear that Dr. Lee was his primary suspect.
       6. Agent Messemer deliberately mischaracterizes the nature
     of my comments to him regarding my concerns about Dr. Lee's
     travel to the PRC. I did consider it unusual that Dr. Lee had
     not reported any contact by Chinese agents when I debriefed
     him following his return from the PRC. I did not believe then
     and I do not believe now that Dr. Lee engaged in espionage,
     and I made no such intimation to Agent Messemer. Dr. Lee and
     his wife Sylvia were both cooperating with FBI
     investigations, and I considered them loyal Americans.
     Nonetheless, I considered Dr. Lee naive, and therefore a
     potential security risk. It was to keep Dr. Lee out of harm's
     way, not because I had any fear that he might knowingly
     engage in improper conduct, that I recommended against
     further unescorted trips out of the country for Dr. Lee.
       7. My concerns about the real motivation behind the
     investigation were exacerbated when I received a classified
     intelligence briefing from Dr. Thomas Cook, an intelligence
     analysis at LANL, in September 1999. This briefing put to
     rest any concerns that I may have had that Dr. Lee helped the
     Chinese in any substantial manner.
       8. In my capacity as a counterintelligence investigator at
     LANL, I was brief on the existence of an investigation code-
     named "Buffalo Slaughter'' some time in the late 1980s
     involving a non-Chinese individual working at DOE laboratory
     who transferred classified information to a foreign country.
     That individual was granted full immunity in return for
     agreeing to a full debriefing on the information that he
     passed. [Approx. six lines deleted].
       9. The statements contained in my Declaration dated June
     22, 2000 are true and correct and I so attest.
       I declare under penalty of perjury of the laws of the
     United States that the foregoing

[[Page H9891]]

     is true and correct. Executed August 10, 2000, at Gallatin
     Gateway, Montana.
       [signed]
                                                   Robert Vrooman.
       [Attachment one]
         September 17, 1999.
     Robert S. Vrooman,
     P.O. Box 348, Gallatin Gateway, MT.
     David V. Kitchen,
     Special Agent in Charge, FBI 415 Silver SW,
         Albuquerque, NM.
       Dear Mr. Kitchen: I would like to have a copy of the 302
     prepared by S.A. Robert Messemer as a result of his interview
     with me on April 28, 1999. Several members of the CIA's IG
     office have read me portions [of] Messemer's report, and it
     is clear to me that SA Messemer attributed his opinions to
     me. During the interview, I told SA Messemer that I did not
     know [deletion] well enough to have an opinion [deletion]. He
     then provided me with the details and asked me to speculate
     on the implications. I find this interview technique
     objectionable.
       On the other hand, SA Messemer did provide me with a lot of
     details regarding Dr. Lee that I did not know. This helped to
     solidify my opinions on the case and to have the confidence
     to go public. I learned during the meeting with SA Messemer
     that Dr. Lee [Approx. one line deleted]. SA Messemer was
     particularly helpful to us when he provided us a copy of Mr.
     Bruno's April 15, 1997 memorandum to Notra Trulock thus
     allowing us to defend our decision to keep Dr. Lee in his
     job. For this I am grateful to SA Messemer, but I still
     object to his using me to promote his opinions.
       I am planning to write a book on my experiences and would
     like to have the 302 as soon as possible.
           Sincerely yours,
     Robert S. Vrooman.
                                  ____

                                       U.S. Department of Justice,


                                            Criminal Division,

                                   Washington, DC, March 29, 2000.
     Mr. Phyllis Hedges,
     P.O. Box 1288, Los Alamos, NM.
       Dear Mr. Hedges: This is in response to your letter to the
     Department of Justice concerning the prosecution of Wen Ho
     Lee. Although I am not able to comment in detail about a
     pending case, I hope you will find the following information
     useful.
       This prosecution is based solely on the facts and the law,
     Dr. Lee's Chinese heritage and ancestry played no role
     whatsoover in the decision to prosecute him. Like you, I am
     very disturbed by news accounts suggesting that Dr. Lee has
     been singled out for investigation and prosecution because of
     his ethnicity. Let me assure you that this is not the way the
     Department of Justice or the Criminal Division operates. To
     render a decision on a potential prosecution on the basis of
     race or ethnicity, even in part, would violate the
     Department's ethical canons, as well as my own personal
     beliefs.
       As you may know, Dr. Lee was ordered to be detained pending
     trial by United States Magistrate Judge Svet and, thereafter,
     by United States District Judge Parker, who heard extensive
     testimony and legal argument. On February 29, 2000, a three-
     judge panel of the United States Court of Appeals for the
     Tenth Circuit unanimously affirmed Judge Parker's decision.
       With regard to the conditions of Dr. Lee's incarceration, I
     am advised that the limitations on visits by his family are
     the same as those for other similarly-situated prisoners at
     the facility where Dr. Lee is being held. We have, however,
     been able to accommodate the Lee family recently by arranging
     for a Mandarin language interpreter to be present for several
     meetings so that Dr. Lee's family can speak with him in his
     native language. We will continue to make the interpreter
     available as often as possible. Furthermore, we have arranged
     with the prison facility to allow Dr. Lee's family to meet
     with Dr. Lee for more than one hour per week.
       Thank you for taking the time to write to express your
     views.
           Sincerely,
                                                     John J. Dion,
     Acting Chief, Internal Security Section.
                                  ____

                                       U.S. Department of Justice,


                                            Criminal Division,

                                   Washington, DC, April 21, 2000.
     Mr. Phyllis Hedges,
     P.O. Box 1288, Los Alamos, NM.
       Dear Mr. Hedges: This is in response to your letter to the
     Department of Justice concerning the prosecution of Wen Ho
     Lee. Although I am not able to comment in detail about a
     pending case, I hope you will find the following information
     useful.
       This prosecution is based solely on the facts and the law.
     Dr. Lee's Chinese heritage and ancestry played no role
     whatsoever in the decision to prosecute him. Like you, I am
     very disturbed by news accounts suggesting that Dr. Lee has
     been singled out for investigation and prosecution because of
     his ethnicity. Let me assure you that this is not the way the
     Department of Justice or the Criminal Division operates. To
     render a decision on a potential prosecution on the basis of
     race or ethnicity, even in part, would violate the
     Department's ethical canons, as well as my own personal
     beliefs.
       As you may know, Dr. Lee was ordered to be detained pending
     trial by United States Magistrate Judge Svet and, thereafter,
     by United States District Judge Parker, who heard extensive
     testimony and legal argument. On February 29, 2000, a three-
     judge panel of the United States Court of Appeals for the
     Tenth Circuit unanimously affirmed Judge Parker's decision.
       With regard to the conditions of Dr. Lee's incarceration, I
     am advised that the limitations on visits by his family are
     the same as those for others similarly-situated prisoners at
     the facility where Dr. Lee is being held. We have, however,
     been able to accommodate the Lee family recently by arranging
     for a Mandarin language interpreter to be present for several
     meetings so that Dr. Lee's family can speak with him in his
     native language. We will continue to make the interpreter
     available as often as possible. Furthermore, we have arranged
     with the prison facility to allow Dr. Lee's family to meet
     with Dr. Lee for more than one hour per week.
       Thank you for taking the time to write to express your
     views.
           Sincerely,
                                                     John J. Dion,
     Acting Chief, Internal Security Section.
                                  ____

       At the request of the members of its Social Concerns
     Committee, the Congregation of the Unitarian Church of Los
     Alamos met in a Congressional Meeting on Friday, August 4,
     2000 and, after a more than two-hour debate, passed the
     following resolution concerning the pretrial treatment of Dr.
     Wen Ho Lee. The resolution was passed by an affirmative vote
     of 97% of those voting.
                                                Richard K. Cooper,
                        President, Unitarian Church of Los Alamos.


        resolution in support of civil rights for dr. wen ho lee

                             August 4, 2000

       WHEREAS, Dr. Wen Ho Lee, an American citizen, was arrested
     in December 1999 and charged in a 59-count indictment with
     transferring nuclear weapons data to an unsecured computer
     and portable storage systems in violation of federal laws;
       WHEREAS, Dr. Lee is not charged with espionage;
       WHEREAS, as documented in the transcript of the FBI
     interrogation, FBI agents lied to Dr. Lee about the results
     of a polygraph test which he passed, and threatened his life
     and his family in an effort to force Dr. Lee to confess to
     espionage;
       WHEREAS, while awaiting trial set for November, 2000, and
     presumed innocent, Dr. Lee has been denied bail, jailed in
     solitary confinement, and subjected to harsh and cruel
     conditions which include the following:
       Dr. Lee is in chains, shackled hands and feet whenever he
     is taken from his solitary cell; he is chained during his one
     hour per week visit with immediate family so that he must
     shuffle and awkwardly lean to activate the intercom with
     manacled hands in order to speak through glass (however,
     during a mid-July visit his handcuffs were removed) while two
     FBI agents monitor and censor each word; Dr. Lee remains in
     ankle chains when working with his lawyers behind triple
     locked doors in a windowless room in a secured facility;
       Dr. Lee is not allowed any exercise, fresh air, or showers
     on weekends; the one hour of exercise weekdays he spends
     alone, and until recently in shackles, and he must forego any
     exercise or fresh air on days he meets his attorneys to
     prepare for trial; Dr. Lee's telephone calls are extremely
     limited, censored and transcribed; he is allowed no
     television and limited reading material; his mail is delayed
     by months;
       AND WHEREAS, in protest of the treatment of Dr. Wen Ho Lee,
     is far more severe than needed to assure security, numerous
     organizations and individuals have adopted resolutions or
     written in protest to Attorney General Janet Reno and other
     government officials;
       NOW, THEREFORE, it is resolved that the Unitarian Church of
     Los Alamos, New Mexico, while taking no position on the guilt
     or innocence of Dr. Lee with respect to the charges against
     him, concurs in the protest of the conditions of detention of
     Dr. Wen Ho Lee as cruel and overly harsh and is alarmed by
     the denial of Dr. Lee's civil libraries and rights to due
     process;
       FURTHER, the Unitarian Church of Los Alamos, New Mexico,
     calls upon the government of the United States of America
     immediately to institute humane treatment of Dr. Lee and to
     seek from the Court pre-trial release of Dr. Lee under
     conditions that respect his human dignity;
       And it is FURTHER RESOLVED that this Resolution shall be
     printed in publications of the Unitarian Church of Los
     Alamos, distributed to other appropriate Unitarian
     Universalist Association offices and congregations, and shall
     be delivered to U.S. Attorney General Janet Reno and to the
     congressional delegation from the State of New Mexico.

  By September 7, 1999, the New York Times wrote a long article on
Chinese espionage and noted that secret information regarding nuclear
design was available not only at Los Alamos but "to hundreds and
perhaps thousands of individuals scattered throughout the nation.''
  Citing a CIA official, the New York Times stated that this Wen Ho Lee
case was going to be as "bad as the Rosenbergs.''
  All of this hysteria, I believe was deliberately programmed as a
cover-up of the lack of security at the labs.
  Wen Ho Lee being Taiwanese was an easy target.
  Creating a climate of suspicion upon all Chinese is the terrible
wreckage heaped by the storm on these loyal Americans.
  If all that the New York Times alleged were true, why wasn't Wen Ho
Lee charged with espionage?

[[Page H9892]]

  The answer is obvious. There was never any evidence of espionage.
  This case began in 1995 when a U.S. agent in Asia was approached by a
Chinese defector with a 74-page document which purported to be a
blueprint for a nuclear weapons program. It was 7 years old.
  U.S. experts concluded it came from Los Alamos. Energy Department
intelligence chief Notra Turlock took over the investigation. By May
1996 he had identified 12 suspects. Newsweek, September 25, 2000.
  By late 1998 the FBI became convinced Lee was probably not their
target. Newsweek.--By 1999 the political climate however changed and
people were hot after finding a spy.
  Newsweek states in its article of September 25, 2000, that Energy
Secretary Bill Richardson called FBI Director Freeh and urged they
accelerate Wen Ho Lee's investigation.
  Wen Ho Lee had engaged in a pattern of deceit.
  Dr. Robert A. Messemer, an FBI agent, admitted on August 17, 2000, at
a December 1999 bail hearing for Wen Ho Lee, that he had misstated the
testimony of a co-worker, Kuok-Mee Ling, suggesting that Wen Ho Lee had
misled him in getting permission to use his computer. In fact, there
was no deception.
  Dr. Messemer also testified in August 2000 that he failed to tell the
Judge in December 1999, that Dr. Lee had disclosed contracts with
Chinese scientists in his 1986 trip to China.
  Dr. Messemer had failed to tell the court in December 1999, that Wen
Ho Lee had told the FBI in March 5, 1999, that he received various
correspondence from Chinese scientists.
  Nor did Dr. Messemer tell the court that the letters the FBI found in
Dr. Lee's home did not prove he had sent them seeking a job. The
letters were written to Australia, France, Singapore, and Switzerland.
  Initially the felony charge against Wen Ho Lee was based on intent to
harm the U.S. and to aid a foreign power.
  Later, the prosecutor's case was based on showing Lee's motive was to
impress prospective employers rather than to help China's nuclear
program. Washington Post, September 24, 2000.
  Mr. Richard Krajcik, Deputy Director of the Los Alamos top-secret X
Division, testified on August 17, 2000, and conceded the information
that Wen Ho Lee downloaded was not classified secret at the time he
took it. AP New Mexico, August 18, 2000. He said it had not been
reviewed for classification.
  Judge James A. Parker in the final court hearing in which Wen Ho Lee
was released of all 59 charges except one, said the government action
against Wen Ho Lee had embarrassed the entire nation. Judge Parker said
that the government had led him astray. Judge Parker apologized to Dr.
Lee for the unfair manner in which he was held.
  The question that lies unanswered with Wen Ho Lee's release is
whether he in fact downloaded the "crown jewels'' of our nation's
nuclear weapons program so sensitive that it could change the global
strategic balance if obtained by a foreign adversary.

                           Into the Sunshine

                          (By Michael Isikoff)

       Every Saturday morning Sylvia Lee and her children would
     pass through the metal detector and take their seats by the
     glass partition in the bleak room where maximum-security
     prisoners meet visitors. A door would open and Wen Ho Lee,
     diminutive and soft-spoken at 60, would shuffle in flanked by
     two FBI agents. Lee's legs were shackled, his hands manacled
     and the handcuffs chained to his waist. "It was just so
     horrible,'' his daughter, Alberta, says now. "They were
     treating him like an animal.'' The Lee family time began--an
     hour of stilted togetherness with the FBI taking notes on
     every word. Seeing her father in chains, and knowing he was
     being held in complete isolation, frequently reduced Alberta
     to tears. Reading was one of his only escapes, and every week
     she brought him something new. His favorite was the novel by
     Gabriel Garcia Marquez: "One Hundred Years of Solitude.''
       Wen Ho Lee's term of solitude ended last week in the
     collapse of the most highly publicized espionage case since
     the arrest of Aldrich Ames--a negotiated guilty plea on one
     count of mishandling classified information. The plea bargain
     stripped any remaining credibility from the hopelessly
     botched federal investigation of alleged Chinese spying at
     the Los Alamos National Laboratory, and it humiliated the
     FBI. It also infuriated U.S. district Judge James A. Parker,
     who said he had been "misled'' into treating Wen Ho Lee as a
     dangerous spy. Calling Lee's impris weapons specialists and
     "unfair'' Parker excoriated "top decision makers'' at the
     Department of Justice and the Energy Department who,
     according to Parker, had "embarrassed our nation.'' Lee and
     his lawyers claimed he had been targeted for investigation
     because he is Chinese, and critics charged that the FBI and
     the Energy Department had engaged in a new form of racial
     profiling. The Clinton administration, it seemed, had a bad
     case of cold-war paranoia.
       The recriminations have only just begun. Stung by the
     judge's criticism and by a rebuke from Bill Clinton, Attorney
     General Janet Reno is likely to order an internal inquiry
     into what went wrong--a probe that could prove distinctly
     uncomfortable to Reno herself, FBI Director Louis Freeh and
     other senior officials. But even as they acknowledged a badly
     flawed case, senior law-enforcement officials insisted they
     were right to go after Lee in the first place. They say his
     actions raise troubling questions that are still unanswered.
       As late as last Monday, Newsweek has learned, Reno and
     other top Justice officials nearly torpedoed the deal after
     Lee admitted for the first time that he made copies of the
     computer tapes containing nuclear secrets he downloaded from
     Los Alamos's classified computers. Lee insisted he had
     destroyed all the copies along with seven original tapes the
     FBI never recovered and that he never compromised U.S.
     security. But his new admission triggered a series of tense
     discussions among top national-security officials. "People
     were really angry and upset,'' said one source. For a time
     Reno and other top officials were strongly leaning toward
     taking the troubled case to trial anyway.
       In the end, Justice officials modified the deal with Lee.
     They gave themselves greater latitude to bring new charges
     against the scientist if they catch him lying during the
     intense debriefings he must now undergo. "When the full
     story comes out,'' said one unrepentant law-enforcement
     official, "people are going to see that he's not the poor
     little innocent he's being made out to be.''
       Maybe so, but suspicions are not what federal prosecutions
     are supposed to be about. What drove the Lee case was
     legitimate national-security concerns--warped by politics.
     The case began in 1995 when a U.S. agent in Asia was
     approached by a Chinese "walk-in'' defector with a
     sensational intelligence coup--a 74-page document that
     purported to be the blueprint for modernizing China's
     nuclear-weapons program. Although it was seven years old, the
     document included numerous pieces of information, and some
     key phrases, that suggested a massive security leak at Los
     Alamos. It also included a design virtually identical to the
     W88, a state-of-the-art thermonuclear warhead built for U.S.
     missile subs. While skeptics suggested the document may have
     been a plant by Chinese intelligence, some U.S. experts were
     convinced that much of the information had indeed been stolen
     from Los Alamos. One of them was Energy Department counter-
     intelligence chief Notra Trulock, who took over the W88
     probe, code-named Kindred Spirit. By May 1996 his team of
     spy-hunters, working with the FBI, had identified 12
     suspects--with Wen Ho Lee at the top of the list.
       Born in Taiwan and educated at Texas A&M, where he got his
     doctorate in mechanical engineering, Lee joined the staff at
     Los Alamos in 1978. He worked in the X Division, which
     designs U.S. bombs and warheads, as a midlevel scientist
     specializing in the computer simulation of shock waves
     generated by nuclear blasts. Crucially, he was on the team
     that designed the trigger for the W88 warhead. Still, there
     was no hard evidence that Lee had engaged in any form of
     espionage. By late 1998 the FBI's Albuquerque, N.M., field
     office became convinced that Lee was probably not their
     target and noted that hundreds of other people, including
     outside contractors, needed to be examined.
       By then the political climate had changed. Trulock had
     testified in secret before a congressional committee
     investigating technology transfers to China headed by GOP
     Rep. Chris Cox. Republicans had already pummeled the Clinton
     White House over Asian campaign contributions, and top
     administration officials feared a new China scandal. In
     December 1998, Newsweek has learned, Energy Secretary Bill
     Richardson called FBI Director Freeh and urged him to
     accelerate the Lee investigation.
       In March 1999 The New York Times ran a front-page story
     pointing to an unnamed "computer scientist'' at Los Alamos
     as a key figure in a probe of Chinese espionage. The next day
     the FBI interrogated Lee and tried to extract a confession.
     Waving the newspaper story, agents warned Lee he faced the
     loss of his job and pension and that he was "failing'' lie-
     detector tests--a statement that was at least somewhat
     misleading. "I tell the truth,'' Lee insisted. "Do you know
     who the Rosenbergs are?'' an agent asked. "You know what
     happened to them? They electrocuted them, Wen Ho.'' No lawyer
     was present.
       Ironically, neither the FBI nor the Energy Department was
     aware at that point that Wen Ho Lee had been secretly
     downloading massive amounts of X Division weapons data for
     years. To do it, Lee asked to use the computer of a colleague
     outside the X Division. Then he typed cl=u (classified equals
     unclassified) on the restricted files, allowing access from
     the other computer. Starting in 1993 Lee downloaded 806
     megabytes of classified information--about 400,000 pages.
       But damning as the evidence looked to national-security
     officials in Washington, the case against Lee turned out to
     be filled with holes, and prosecutors began to take hits left
     and right. At a bail hearing in August, FBI agent Robert
     Messemer admitted that he had earlier given false testimony,
     portraying Lee as more devious than the scientist actually
     was when he asked to use his colleague's computer. Messemer
     called his testimony

[[Page H9893]]

     "an honest mistake.'' Other government scientists stated
     that many of the nuclear secrets Lee downloaded were publicly
     available--and many had a relatively low classification:
     "protect as restricted data,'' or PARD.
       In late August a meeting was convened at the Justice
     Department command center to review where matters stood.
     "The case was falling apart,'' said one official. Chief
     prosecutor George Stamboulidis was convinced he could still
     win at trial. But national-security officials feared that
     Judge Parker would allow defense lawyers to introduce some of
     the secret documents that Lee had downloaded. "We would have
     had to parade these documents in front of the jury and the
     world,'' said Stamboulidis. Even FBI Director Freeh--who had
     aggressively pushed the case to begin with--was now arguing
     that the government should take a plea.
       Senior law-enforcement officials say the biggest mistake
     may have been the harsh conditions under which Lee was held--
     the solitary cell, the leg irons, the 24-hour watch. Top
     Justice officials now say they had some concerns about this
     from the beginning but didn't convey them strongly enough to
     the original prosecution team. "If there was a failure, the
     higher-ups at Justice weren't really forceful enough in
     speaking up,'' said one official. "That's a legitimate
     criticism.'' When Stamboulidis came in to take over the case
     in June, he eased the treatment of Lee and ordered the leg
     irons taken off. But by then it was too late. The image of
     Lee, a gentle scientist being mistreated by the government,
     had made its way into the public mind. As a symbol of
     overzealous prosecution, it could well stay there for some
     time to come.
                                  ____


      FBI Agent Recants Testimony Against Los Alamos Scientist Lee

               (August 18, 2000; Albuquerque, New Mexico)

       An FBI agent has recanted testimony that was key to a
     judge's decision to deny bail last December to a fired
     nuclear weapons scientist accused of downloading restricted
     files.
       The testimony last year from Agent Robert Messemer had
     portrayed Wen Ho Lee as guileful when the jailed Los Alamos
     lab physicist supposedly told a colleague he wanted to use
     that scientist's computer to print a resume.
       At a bail review hearing Thursday, Messemer acknowledge
     that Lee had told the other scientist he wished to download
     files.
       "My testimony was incorrect,'' Messemer told U.S. District
     Judge James Parker.
       The judge had cited Lee's "deeply troubling'' deceptions
     in denying him bail in December.
       The FBI agent said Thursday he did not intentionally
     attempt to mislead the judge and said he did not believe it
     was a serious error.
       The hearing, the defense's third effort to get Lee released
     on bail, was scheduled to continue Friday with more
     questioning of Messemer.
       Lee, 60, is charged with 59 counts involving downloading
     files from Los Alamos National Laboratory to unsecured
     computers and tape. The Taiwan-born American citizen could
     face life in prison if convicted at trial, scheduled to begin
     Nov. 6.
       During Messemer's testimony Thursday, the FBI agent also
     acknowledged Lee disclosed contacts with scientists from the
     People's Republic of China in a report to the lab about a
     1986 conference he attended.
       Messemer insisted, however, that under questioning by
     authorities Lee did not disclose the full scope of those
     contacts.
       Messemer testified last year Lee initially told authorities
     only about a Christmas card he had gotten from one Chinese
     scientist. He acknowledged that Parker could have inferred
     from that testimony Lee was lying.
       He also said he wanted to correct a "minor point'' in
     which he said Lee sent letters seeking an overseas job.
     Messemer said Thursday the FBI had no evidence one way or the
     other whether the letters were sent.
       Los Alamos scientist Richard Krajcik, deputy director of a
     top-secret nuclear weapons division at the lab, testified
     that he stood by earlier statements about the seriousness of
     the downloaded documents.
       "It represents the crown jewels of nuclear design
     assessment capability of the United States,'' Krajcik said.
       Krajcik conceded the information was not classified as
     secret when Lee allegedly took it, but said only scientists
     with security clearances could access it.
       At the time, the information had not been reviewed for
     classification. The information has since been classified as
     confidential restricted data and secret restricted data, but
     not top secret.
       Defense attorney John Cline read descriptions of
     classification levels, which define top-secret information as
     vital to national security and whose dissemination would
     cause "exceptionally great damage.'' Secret information does
     not reveal critical features.

  Ms. PELOSI. Mr. Speaker, I want to thank Congresswoman Mink for
organizing this important Special Order and commend Congressman
Underwood, Chair of the Congressional Asian Pacific American Caucus,
and the other Members of the Caucus for their leadership and hard work
to focus attention on these important civil rights issues.
  The treatment of Dr. Wen Ho Lee remains a cause for concern. Asian-
Americans, members of racial and ethnic minority groups, civil
libertarians, and other Americans have correctly questioned his
treatment and continue to question the underlying racial stereotyping
and racial profiling that plagued this case. Why did this happen? What
were the objective and neutral criteria used to bring these charges?
Why was he held in solitary confinement, unable to exercise, prohibited
from speaking Chinese to his family, and subjected to extraordinary
conditions of confinement?
  The implications of this case go well beyond the Chinese and Asian-
American community. It concerns other minority communities, racial
profiling in law enforcement, and stereotyping all across the country.
America's law enforcement agencies and the FBI should not be targeting
individuals based solely on their race or ethnicity. Several years ago,
after the bombing at the Oklahoma City Federal Building, too many
people were quick to blame foreigners and Arab terrorists. That tragedy
reminded us of the important lesson of not jumping to conclusions.
Evidently, that lesson has been forgotten.
  Rep. Robert Underwood, Chair of the Congressional Asian Pacific
American Caucus, has written to President Clinton to urge the
establishment of an independent, bi-partisan commission to investigate
the handling of the case of Dr. Wen Ho Lee. This important step would
help reveal the truth and help depoliticize the issue. A formal
Commission of national stature to review these issues would be an
important step forward. This independent Commission should have
subpoena power. I would like to see the release of documents that the
defense would have used during discovery in order to determine whether
there were appropriate criteria used to target Dr. Wen Ho Lee. The
Organization of Chinese Americans [OCA] has also called for an
independent inquiry into how this case was investigated and prosecuted
by Federal agencies.
  It is important to remind government officials, law enforcement
agencies, and the media that our nation's underlying guarantee of equal
and fair treatment before the law applies to all Americans, including
Chinese and Asian Pacific Americans. Many think Dr. Lee's case was
influenced by biased media coverage, political partisanship, attempts
to scapegoat someone for the Department of Energy's lax security
procedures. Bail hearing testimony by government investigators
admitting erroneous statements about Dr. Lee's actions are particularly
troubling. As a nation, we can and must do better.
  I look forward to the establishment of an independent Commission and
the results of the Commission's fact finding mission. Regardless of
these findings, we must keep in mind the lessons of the Oklahoma
bombing and recognize that racial profiling and stereotyping are unfair
and may violate our civil rights. We must work to ensure that the
principles of innocent until proven guilty and due process are more
than mere rhetoric. We must ensure they remain core American values
protecting all Americans.
  In closing, I want to thank Congresswoman Mink for organizing this
Special Order and highlighting these important issues.
  Ms. WATERS. Mr. Speaker, I rise today to express my concerns about
the unjust treatment and confinement of Dr. Wen Ho Lee, a former Los
Alamos scientist.
  Dr. Wen Ho Lee was arrested by the FBI on December 10, 1999, when a
grand jury issued a 59-count indictment charging him with stealing
nuclear secrets from a classified Los Alamos computer. U.S. District
Judge James Parker denied bail for Dr. Lee, citing seven missing
computer tapes of nuclear secrets and the possibility that his release
could harm U.S. national security. Dr. Lee was held in solitary
confinement for the following nine months and shackled whenever he was
outside of his cell.
  Dr. Lee's confinement was clearly unnecessary. He had not been
convicted of any crime and was considered innocent under the law
throughout his confinement. On August 17, 2000, FBI agent Robert
Messemer admitted that he gave false testimony against Dr. Lee at his
bail hearing the previous December. Furthermore, on September 10, 2000,
the Department of Justice announced that Dr. Lee would go free after
pleading guilty to just one of the original 59 felony counts against
him. All other counts against him were dropped. When the Executive
Branch agreed to release him without any conditions, it became apparent
that it had never been necessary to confine him.
  We will never know the reasons why the Federal Government confined
Dr. Lee and treated him so harshly. The plea agreement reached by Dr.
Lee and the Department of Justice shields the Executive Branch from
disclosing information that might have provided an explanation.
  Dr. Lee's unjust confinement and the cruelty of the conditions under
which he was confined are a disgrace to the FBI, the Department of
Justice and the entire nation. No American citizen should ever be
unnecessarily confined by the U.S. Government. I am deeply sorry about
the unjust treatment Dr. Lee received, and I

[[Page H9894]]

urge my colleagues to work diligently to ensure that no other citizen
will ever be forced to endure this type of treatment.


                             General Leave

  Mrs. MINK of Hawaii. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks on my special order tonight.
  The SPEAKER pro tempore (Mr. Mica). Is there objection to the request
of the gentlewoman from Hawaii?
  There was no objection.

                          ____________________