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From
http://www.latimes.com/news/comment/20000208/t000012474.html

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Tuesday, February 8, 2000 |  Print this story

Was Lee Indicted, and Not Deutch?
 Spy scandal: Look closer and you can see the politics behind the case.
By ROBERT SCHEER
     John M. Deutch, the former director of the CIA, stands accused by his own
agency of having illegally moved "enormously sensitive material" from his
office to an unsecured computer at his home, where family members and possibly
enemy hackers had easier access. He has not been prosecuted for any crimes,
retains his Pentagon security clearance and is still able to earn a handsome
living working on lucrative Defense Department contracts involving the nation's
military secrets. Deutch sits on the board of directors of seven key high-tech
corporations.
     Meanwhile, Wen Ho Lee sits in solitary confinement in a New Mexico prison
for allegedly having violated the very same regulations on handling government
classified information. Lee, who was fired from his job as a weapons scientist
at Los Alamos National Laboratory, is being held without bail, is severely
restricted in his contact with lawyers and family and faces the threat of life
imprisonment.
     To bolster their case, prosecutors have described the secrets downloaded
by Lee as the "crown jewels" of nuclear weapons science. But that inflammatory
description is undermined by the fact that the files in question were not even
classified as top secret. Those accessible through Deutch's computer apparently
were.
     My point is not to demand harsh prosecution of Deutch. If everyone in
government who ever downloaded a secret file to an unclassified computer were
jailed, we would lose many if not most of the professionals who protect this
nation's security. But the unequal treatment of these two cases dramatically
underscores the selective prosecution of Lee.
     And make no mistake about the political purposes of the vicious treatment
meted out to this man. Lee has been denied bail simply to placate those in
Congress and the media who have an interest in whipping up a Clinton
administration China spy scandal. In turn, the administration has thrown the
book at Lee to defuse the issue in the coming campaign.
     Clearly, Al Gore's supporters are afraid that the campaign financing
scandal, involving wild but totally unsubstantiated charges of Chinese
government meddling in the 1996 campaign, will be used against the candidate.
Lee, who had nothing to do with Gore's problem and who is not charged with
passing information or money to any government, is a convenient bone to throw
to potential GOP critics. How else to explain the administration's zealous
prosecution of Lee while no comparable action was taken against the former CIA
director?
     One irony in this "China connection" is that Lee, who was born in Taiwan,
is a U.S. citizen who has worked openly and with the full permission of his Los
Alamos superiors as a consultant to the Taiwanese military's weapons program.
If he has foreign ties, they are with Taiwan.
     The case against Lee has been contradictory and politically driven from
the beginning. Last year, a congressional House committee investigating the
possible theft by China of U.S. nuclear weapons secrets got overly excited
about a long, fruitless investigation that had been conducted by the FBI as to
the possible theft of design information relating to the W-88 nuclear warhead.
A Chinese double agent had turned up some time before with a document
containing some details of the weapon. The investigation centered on Lee, for
reasons that a former security chief of Los Alamos has said related only to his
Chinese surname.
     Now the Justice Department concedes that this was a false trail and that
Lee had no access to the document in question, nor is he currently being
charged with any act of espionage. The hunt for the W-88 spy, if one exists,
has moved elsewhere. But to save face, Lee was arrested on the totally
unrelated charge of mishandling classified data.
     Further muddying the waters is an admission by the FBI that agents lied to
Lee about the results of a lie detector test, telling him he had failed when he
had passed with high marks. Lee has offered to take another test to demonstrate
his innocence, but prosecutors have refused. Lee's attorneys also have
suggested that instead of being jailed, he could be held under house arrest,
including wearing a monitoring bracelet, thereby eliminating any prospects for
flight. But again the Justice Department, which never threatened CIA director
Deutch with a single day in jail, insists that Lee remain behind bars as a
sacrificial lamb.
     Perhaps this discrepancy is because Deutch is a leading member of the old-
boy intelligence establishment, and Lee is not.
- - -
Robert Scheer Is a Contributing Editor to The Times
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Copyright 2000 Los Angeles Times


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