http://www.softwar.net/thenews.html The Clinton administration has reneged on its agreement to deliver CHINA-GATE documents in a Federal Court case in Richmond, Virginia. On April 23, 1999, the DOJ attorney representing Commerce promised to deliver a required index of secret materials in a motion before Federal Judge Robert Payne, requesting more time. On April 29, 1999, the Dept. of Justice Attorney representing the Commerce Dept. issued a notice to the Court that it has withdrawn its motion to deliver a "Vaughn Index" or index of classified documents that are being withheld. The DOJ attorney claimed the index was rendered "moot" by the Judge's order for the Commerce Dept. to deliver all the documents to him behind closed doors ("in camera"), including a full explaination of why each document should be withheld. According to the motion from the Clinton administration, there are now an unknown number of Commerce documents being withheld from public release for unspecified reasons. The Commerce Dept. now intends to withhold more information from the public than it would normally release on an ordinary Freedom of Information Act request. The move, if accepted, might effectively gut the Freedom of Information Act, allowing agencies not to respond even if taken to court. However, the move by the Commerce Dept. was not un-expected. Within hours of being notified, this reporter filed a counter-motion with the Federal Court. This reporter had previously requested the index of secret document, citing a previous case that provides for the Commerce Dept. to provide some explanation for the documents they are refusing to release. According to the Court of Appeals for the District of Columbia Circuit Vaughn v. Rosen, the defendant agency bears the burden of sustaining its action of withholding records. This reporter also protested the incomplete and shoddy job that was done by the Commerce Dept. For example, one document released in 1998 by the Commerce Dept. appears to be partially withheld or lost this time around. The Commerce Dept. could only find the second to last page of a nine page Defense Dept. report, a list of the Chinese and American Directors of the high tech fiber optic transfer to the PLA. The list is topped by "Madam Nie Li" who was identified in a Congressional Reporting Service Report as "Lt. General Nie Li" of the People's Liberation Army (PLA). Madam General Nie is also the wife of PLA spymaster, General Ding Henggao, former commander of the Chinese Commission on Science, Technology and Industry for National Defense (COSTIND). This reporter can't be certain if the Judge is viewing the full nine page DOD report behind closed doors. Without the "Vaughn" index there is no way to be sure if the Commerce Dept. is trying to classify documents already released. Clearly, the Commerce Dept. did not inspect the SOFTWAR lawsuit submitted in 1998. The entire DOD document was provided by this reporter as evidence. Additional documents from the Commerce Dept. supplied as evidence were also ignored. For example, the Commerce Dept. has not supplied any information on a 1994 meeting between Secretary Ron Brown, Loral CEO Bernard Schwartz and Chinese General Shen of COSTIND. Commerce also has not supplied information on the well documented meetings with PLA missile engineers and U.S. space contractor Hughes. However, above all, the Commerce Dept. forgot to include copies of any pictures, videos or tape recordings taken at meetings with the Chinese Army. According to one recently released document supplied by the Commerce Dept., photographers from both sides attended meetings between Chinese Army Generals and Clinton administration officials. The meeting was held in Beijing in August of 1994. The meeting included a Major General who was also PLA Deputy Director of Intelligence. The meeting also included Defense Secretary Perry and PLA spymaster General Ding Henggao. General Ding is also the husband of Lt. General "Madam" Nie Li, the Chinese co-chair of the Hua Mei deal listed in the missing DOD document from 1996. The two motions are now before Judge Robert Payne, who has the all the secret Commerce documents that Commerce turned over on April 23, 1999. ================================================================ 1 if by land, 2 if by sea. Paul Revere - encryption 1775 Charles R. Smith SOFTWAR http://www.softwar.net [EMAIL PROTECTED] Pcyphered SIGNATURE: 0D66BB876021B2BED40399663F287D461F5CC7C0BB651287434E55126F79F97F 5B9BFADCB62B55956C3E204B2D4DA7076E17837D887B2A1D709572786AA5D14B 19DA5131A74F3DE6 ================================================================ SOFTWAR EMAIL NEWSLETTER 05/03/99 *** to unsubscribe reply with "unsubscribe" as subject *** ================================================================
