Richmond, Virginia In what can only be described as a swift, total and stunning victory - SOFTWAR defeated the Clinton administration in Federal Court today. During a pre-trial hearing, Richmond Federal Judge Robert Payne ordered the Commerce Dept. to deliver all documents in reference to the Chinese Army Unit COSTIND within 60 days. Judge Payne's ruling came after Joan Evans, Assistant United States Attorney representing the Commerce Dept., failed to show a reasonable cause to withhold the documents. Judge Payne called the Clinton administration defense arguments "too weak". Judge Payne also noted that the Commerce Dept. had defined the Freedom of Information request by Softwar to be as tiny "as a BB pellet". "I want you to open this up all the way," Payne ordered the Justice lawyer. "I want it full bore, double barrel, 12 gauge, shotgun open. I want everything." Ms. Evans, the Dept. of Justice lawyer, noted that the Commerce Dept. has already discovered "thirteen" documents responsive to the SOFTWAR request on the Chinese Army Unit that met with Ron Brown. Judge Payne warned the DOJ lawyer and the Commerce Dept. to comply with his orders. "I will come down on you like a ton of bricks," Judge Payne warned the Dept. of Justice lawyer representing Commerce. "I don't want any fooling around." Judge Payne also ruled that any documents that Commerce wishes to withhold under any national security provisions may be reviewed by the Court. This review is called a "Vaughn" index after the Court case in which it was first established. The index is a complete description of each document and the reason to hold them from release. Judge Payne will review the index of the documents and if necessary, review the documents themselves to ensure the withholding is correct and legal. Judge Payne ordered the Dept. of Justice attorneys representing Commerce to work with SOFTWAR to develop a reference of meetings, documents, and known personnel of COSTIND. Commerce can use that reference to respond but the reference will in no way limit the search for responsive materials. According to the GAO, "COSTIND" - the Chinese Commission of Science, Technology, and Industry for National Defense, "oversees development of China's weapon systems and is responsible for identifying and acquiring telecommunications technology applicable for military use." ================================================================ 1 if by land, 2 if by sea. Paul Revere - encryption 1775 Charles R. Smith SOFTWAR http://www.softwar.net [EMAIL PROTECTED] Pcyphered SIGNATURE: 7D6CFDDA896205E0E8BD63C2D07A31DAFAFE464EE8D4D0D27892C5ABB30FEA2E CE0683B00158C64A590D3D9B6C645DA38145CFE16DD9AB932324B02A507241F2 C5AC426733DF4181 ================================================================ SOFTWAR EMAIL NEWSLETTER 02/18/99 *** to unsubscribe reply with "unsubscribe" as subject *** ================================================================
