-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.


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             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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