U.S. Department of Justice
Office of Professional Responsibility
20 Massachusetts Avenue, NW, Suite 5100
Washington, D.C. 20530

May 29, 2003

Mr. Steven Aftergood
Senior Research Analyst
Federation of American Scientists
1717 K Street, N.W., #209
Washington, D.C. 20036

Dear Mr. Aftergood:

This is in response to your February 25, 2003 Freedom of Information Act request to the Office of Information and Privacy (OIP) with the Department of Justice for a copy of the Office of Professional Responsibility's report of investigation of the Wen Ho Lee case. OIP referred your request to this Office for review and direct response. We received the OIP referral on March 27, 2003.

After careful review, I have determined that this report should be withheld in its entirety pursuant to 5 U.S.C. § 552(b)(1), (b)(2), (b)(5), (b)(6), (b)(7)(C) and (b)(7)(D). Exemption (b)(1) protects from disclosure national security information concerning the national defense or foreign policy, provided that it has been properly classified in accordance with the substantive and procedural requirements of an executive order. The executive order currently in effect is Executive Order 13,292. Exemption (b)(2) allows for the withholding of information that is "related solely to the internal personnel rules and practices of an agency." Exemption (b)(5) permits the withholding of "inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency." Exemption (b)(6) permits the withholding of information about individuals in "personnel and medical files and similar files" when disclosure of such information. "would constitute a clearly unwarranted invasion of personal privacy." Exemption (b)(7)(C) allows for the withholding of information compiled for law enforcement purposes the release of which "could reasonably be expected to constitute an unwarranted invasion of personal privacy." Exemption (b)(7)(D) provides protection for "records or information compiled for law enforcement purposes which could reasonably be expected to disclose the identity of a confidential source."

If you are not satisfied with this response, you may appeal in writing within sixty days of your receipt of this letter to the Co-Director, Office of Information and Privacy. Your letter and envelope should be marked "FILEEDOM OF INFORMATION APPEAL" and addressed to:

If you are dissatisfied with the result of any appeal you make, judicial review may thereafter be available to you in the United States District Court for the judicial district in which you reside, or in which you have your principal place of business, or in the District of Columbia, which is the location of the records you seek.