http://www.softwar.net/thenews.html True to form, the Clinton administration tried to squirm out of their Federal Court loss in the CHINA-GATE case. Commerce has until close of business on April 23, 1999, to turn over all documents withheld under a Freedom of Information request. The Commerce documents cover meetings and agreements made between Clinton officials and Chinese Army Generals from COSTIND (Chinese Commission on Science Technology and Industry for National Defense). According to the Court order issued by Judge Robert Payne, any documents the Commerce Dept. decides to withhold must be reviewed by the Court. On Thursday, April 22, 1999, this reporter took a conference call with Federal Judge Robert Payne, and a Dept. of Justice (DOJ) attorney representing the Commerce Dept. The DOJ attorney explained that Commerce would abide by the ruling made by Judge Payne but that they were not going to send classified or secret documents. According to the DOJ attorney, it was her understanding that I did not request classified materials nor contest their withholding. The DOJ attorney then explained that some 300 documents had been found which could be released but a unknown number of other documents could not. She explained she did not know the exact number but guessed that an additional "thirty" documents must remain secret. Judge Payne replied that the Dept. of Justice was re-defining the english vocabulary and his Court order. In particular, the DOJ attorney attempted to alter the word "ALL" in reference to the number and type of documents that Commerce had to turn over to the Court. Judge Payne also noted that I had indeed contested their refusal to turn over the materials since, according to the Commerce Dept., no such documents existed in the first place. The Judge over-ruled the DOJ request and noted that "all" means everything, including classified materials. Judge Payne ruled that Commerce must turn over "all" documents on time by Friday, April 23, 1999. According to the ruling, if Commerce has a reason to withhold any documents then the Judge can view the materials behind "closed doors" or "in camera". He also will obtain a written explanation supplied by the DOJ attorney and the Commerce Dept. as to why the materials cannot be released. I get to view the Commerce arguments (not the secret documents) and reply with written counter-arguments of my own. Finally, Judge Payne will rule whether the documents in question can or cannot be released. The DOJ attorney then explained that she could not provide the classified documents by Friday, April 23, because of the "government shutdown". The Judge asked her to explain. "What shutdown?" he questioned. "Er... The war ..." she replied. At this point, I noted that the Commerce Dept. had little, if anything, to do with the NATO military campaign in Europe, unless they were arranging with a fast food outlet to provide "Kiddie" meals to the Kosovo refugees. The Judge then scolded me for making such an assumption and promptly informed the DOJ attorney that the documents were due on Friday, no exceptions. The Judge ruled "NO" exceptions - no matter how many bombs are dropped on Kosovo. The DOJ attorney then explained she was not "cleared" to see the secret documents. She stated that many of the documents in question originated at "other agencies" including the "CIA and State Dept." In order to review them for her written argument she, of course, needed to read them. However, not being "cleared", she couldn't read them. At this point I commented that I had higher clearance than the DOJ attorney, even if I had been out of defense work since the end of the Cold War. At least I had a full, old-fashioned, FBI interview, and background check. If you don't believe me then write the White House, it should still be there along with about 900 other FBI files. The Judge quietly told the DOJ attorney to "get cleared" and if necessary "haul someone down from the CIA to testify" on the nature of any secret materials. The Judge then granted her one month to complete her argument on what the Commerce Dept. wants to keep secret about meetings with Chinese Army officers. The secret documents, however, must be turned into the Court on time. The Judge will review them and lock them in the Court safe, which is protected by armed Federal Marshals, 24 hours a day. The DOJ attorney explained that due to her lack of clearance she would have to arrange a "secure" courier to hand carry the secret documents to Judge Payne's offices. The Richmond Virginia Federal Court is about 100 miles south of the Commerce Dept. headquarters in Washington, D.C. The DOJ attorney then proceeded to explain, in detail, over an insecure party line, exactly when and where the secure courier would pick up the secret documents, leave Washington, and arrive to deliver them in Richmond. There are times when I wonder how the fractured Yugoslavia can withstand the might and power of the United States government. This was not one of them. At that moment, I wondered how long it would be before Serbian troops would be marching down Pennsylvania Avenue in victory. Stay tuned... ================================================================ 1 if by land, 2 if by sea. Paul Revere - encryption 1775 Charles R. Smith SOFTWAR http://www.softwar.net [EMAIL PROTECTED] Pcyphered SIGNATURE: BA89EC494FB75AEEDB855B5D580C317D8514E80380ABB9B14FD4FFBDAAE07CE6 8555D03865C3E70E20F9D8F47245653C0933CF46123305DE4B5BD94F643E7BE4 DC43D7A87F8C150B ================================================================ SOFTWAR EMAIL NEWSLETTER 04/22/99 *** to unsubscribe reply with "unsubscribe" as subject *** ================================================================
