-Caveat Lector-
August 19, 1999
Something Happened
We're beginning to think that the epitaph over
the eight years of the Clinton administration is going to
read, "Honest bureaucratic mistake."
This, of course, was the explanation offered when more
than 900 raw FBI files on Republican figures floated into
the White House. Now it appears that the scandal over
the transfer of nuclear-missile technology to China is
about to recede into these same bureaucratic mists.
The Washington press the past few
days has been carrying stories about
Robert Vrooman, the former Los
Alamos counterintelligence chief, who
now says that suspected spy Wen Ho
Lee is the victim of ethnic bias. We
doubt it. Still, we have some sympathy
for Messrs. Vrooman and Lee. They're
the ones out in the open taking the
bullets, while the Reno Justice
Department and at the top, the Clinton
White House, deploy their bureaucracies to deflect
responsibility, even the smallest responsibility, away
from them and onto others.
The handling of the Los Alamos Chinese spying case
sounds familiar. It sounds like what happened to the
campaign-finance investigation, if indeed Chinese
espionage and Chinese contributions can be separated.
Wen Ho Lee has been under FBI
suspicion at the lab for years. By
1995, the U.S. was actively investigating the possibility
that China had obtained data on the W-88 nuclear
warhead. In June 1997 the FBI asked the Justice
Department for a "FISA warrant," referring to the Federal
Internal Security Act, which sets up a federal court that
approves such requests, to conduct surveillance of Mr.
Lee and his wife. In August, Allan Kornblum, a Justice
deputy counsel, said the Bureau had failed to show
"probable cause."
Rejections of FISA requests are rare. As to probable
cause, an August 5 report by Senators Fred Thompson
and Joseph Lieberman lists the FBI's suspicions about the
Lees across 18 paragraphs, including: "The FBI learned
that during a visit to Los Alamos by (Chinese) scientists
from IAPCM, Lee had discussed certain unclassified (but
weapons-related) computer codes with the Chinese
delegation. It was reported that Lee had helped the
Chinese scientists with their codes by providing software
and calculations relating to hydrodynamics." A
congressional source tells us that two additional reasons
to monitor were dropped from the public report for
security reasons.
The FBI then made an unprecedented appeal of the denial
to the Attorney General. After a meeting about security
issues, the head of the FBI's National Security Division
told Ms. Reno "we've been turned down" by her
department. The Thompson report then states: "Attorney
General Reno has said that she does not recall the
conversation, but does not deny that it occurred."
Nonetheless, another Justice attorney, Daniel Seikaly,
ended up with the assignment of reviewing the original
turndown, and weeks later concurred with the decision
not to monitor the Lees.
The turndown of this wiretap is at the heart of the
Thompson-Lieberman report. Both criticized Justice's
refusal.
Sen. Lieberman, noting various bureaucratic failures by
the FBI along the way, concluded: "I ask why, given the
extreme importance of this case to America's national
security, [Justice] did not raise this issue to the Attorney
General herself, push the FBI harder to make its case, or
decide to send the request for a warrant to the court to
make the final judgment
Squaring this circle, Sen. Thompson said Justice
"adopted a highly restrictive view of probable cause,
even though the showing necessary in a national security
context is less than for a criminal investigation." Another
report by the President's Foreign Intelligence Advisory
Board, led by former Sen. Warren Rudman, raised
precisely the same issues regarding these decisions.
Obviously there was a judgment call to be made here.
And reasonable people might differ on the call. They
might differ, that is, if Justice under Ms. Reno had not by
now shown itself to come down routinely on the side of
doing nothing or next to nothing in investigations of this
sort. As in the campaign finance investigation of illegal
foreign contributions to the President's reelection
campaign.
Consider the record. As with the Los Alamos case,
clearly something illegal was taking place with the
Chinese fundraising. But Ms. Reno rejected the advice of
both Charles La Bella and Louis Freeh to turn these
matters over to an independent counsel. The La Bella
episode is especially illuminating.
It would have been one thing if Ms. Reno had simply
rejected Mr. La Bella's recommendation. But she and her
aides went further, essentially trashing La Bella for his
position and pushing him out of federal service. One
might reasonably suspect that the lower-echelon lawyers,
including those handling the Los Alamos decisions, knew
better than to get on the wrong side of any Justice
investigations involving China.
Then, after giving "her people" full responsibility for this
investigation, and after a few indictments, the result has
been no jail time for anyone. Johnny Chung and John
Huang got probation. Charlie Trie awaits sentencing.
And it is similarly clear that something happened at the
Sept. 13, 1995, Oval Office meeting at which Bill
Clinton, Bruce Lindsey, Joe Giroir and James Riady told
a nobody named John Huang that he was moving from his
Commerce Department job over to fund raising for the
DNC. Absent a real inquiry into this crucial meeting's
content, we're supposed to conclude that it was John
Huang's idea to go all the way to China to break the
contribution laws.
In other words, it is at least clear to us that Bill Clinton
and Janet Reno have inculcated the Department of Justice
with a culture of nonfeasance. Nonfeasance is about not
doing what duty requires. And duty, some sense of a
higher purpose or judgment, is what we think Senators
Thompson and Lieberman are asking for in their report on
the Los Alamos case. It is what many had hoped for in the
campaign-finance investigation.
But neither Mr. Clinton nor Ms. Reno are inclined to do
what they don't want to do. They always have their
reasons. Somehow, whether it is national security or the
integrity of a presidential election, the electorate is
supposed to shrug and get over it.
Perhaps, for another year or so. It will then be the next
President's job to remake Justice from a place of constant
suspicion about motive to one of respect.
=================================================================
Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF: <[EMAIL PROTECTED]>
*Mike Spitzer* <[EMAIL PROTECTED]>
~~~~~~~~ <[EMAIL PROTECTED]>
The Best Way To Destroy Enemies Is To Change Them To Friends
Shalom, A Salaam Aleikum, and to all, A Good Day.
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