-Caveat Lector-

Reno Knocks Aides on China Wiretap

By MICHAEL J. SNIFFEN
.c The Associated Press

WASHINGTON (AP) -- Attorney General Janet Reno faulted Justice Department and
FBI subordinates today for not coming to her two years ago with their
disagreement over whether to wiretap a nuclear weapons scientist suspected of
spying for China.

``Where there is something serious, where (FBI) Director (Louis) Freeh
disagrees with the findings (of Justice officials), I think that it should be
discussed at my level,'' Reno told her weekly news conference. ``I was not
briefed on the details.''

Reno delivered her most detailed explanation yet of how the Justice
Department handled allegations that a Taiwanese-born scientist at the Los
Alamos National Laboratory may have given nuclear weapons secrets to China.

Reno's comments came after aides pleaded with her to rebut suggestions from
Republican Richard Shelby of Alabama, the Senate intelligence committee
chairman, and Democratic Sen. Robert Torricelli of New Jersey, usually a
staunch defender of the Clinton administration, that she should resign or
consider doing so.

National Security Adviser Samuel Berger also defended himself against
accusations he wasn't aggressive enough when Energy Department officials
briefed him in 1996 about security lapses at a weapons laboratory. Berger did
not brief President Clinton on the matter until a year later.

Berger said that when he was told about two cases in 1996, he saw to it that
the Energy Department expanded its probe and the FBI launched its own
investigation.

``I did take it seriously. I did act. I believe I acted in national
interest,'' Berger said on PBS' ``NewsHour With Jim Lehrer.''

When investigators returned in 1997 with more detailed information about
broader and more systematic problems, Berger said he then briefed Clinton.
``We swiftly acted to implement the most sweeping reforms of
counterintelligence in the labs in history,'' he said.

Reno explained that when the FBI first sought in 1997 to wiretap the
scientist, Wen Ho Lee, the warrant application was rejected by Justice's
Office of Intelligence Policy and Review. Working with Justice officials, the
FBI reworked the application twice to add information, but it was still
rejected.

Through his attorney, Lee has denied spying. Lee was fired this spring and
remains under investigation.

``Based on the facts reported to us in 1997, the department determined that
the evidence was insufficient to support a finding of probable cause'' to
believe Lee engaged in clandestine intelligence-gathering on behalf of a
foreign power, Reno said. That is the standard required by the Foreign
Intelligence Surveillance Act of 1978.

Reno said then-Assistant FBI Director John Lewis complained about that
decision to her without going into details, so she asked Justice's Executive
Office for National Security to review it. Daniel Seikaly of that office
agreed with the earlier decision and told the FBI, Reno said.

Seikaly never took the matter up with Reno or Deputy Attorney General Eric
Holder, she said.

``I assumed since I did not hear again from the FBI that it was resolved to
their satisfaction,'' Reno said. Freeh has never been shy about appealing
department rulings to Reno, as Justice officials noted privately.

Looking back now at the evidence available in 1997, the career lawyers were
correct to reject the wiretap, Reno said.

But if the continuing disagreement had been brought to her, she said, ``I
would have asked the FBI to go back and look at their records to see if there
was additional information that could be utilized to show probable cause.''

``I don't know what the end result would have been, but I do know we would
have ... done everything we could to see if probable cause could be
developed.''

The FBI itself had some reservations about whether the evidence was
sufficient, according to a senior bureau official, who requested anonymity.
Agents basically had three facts: the Energy Department listed Lee among
officials who had access to W-88 nuclear warhead data obtained by China, Lee
had traveled to China to give lectures, and he had once telephoned another
laboratory scientist under suspicion of spying, this official has said.

But a Republican congressional source said FBI officials left the impression
on Capitol Hill that they felt they did have probable cause.

In 1998 the FBI mounted a ``false flag'' operation in which undercover FBI
agents posed as Chinese spies and tried to get Lee to spy for them, but Lee
would not, according to other law enforcement officials. And Lee's wife
reported that contact to U.S. authorities, officials said.

Reno said she has not thought about resigning and was told by White House
Counsel Charles Ruff that she has Clinton's confidence. She has named a
senior career prosecutor to review the Lee case.

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