June 26, 2000
Lee Asks Judge to Suppress Evidence
By THE ASSOCIATED PRESS
ALBUQUERQUE, N.M. -- A scientist charged with breaching security
at the Los Alamos nuclear weapons lab asked a judge Monday to
suppress some evidence and order prosecutors to say what, if any,
foreign nation he tried to aid.
Wen Ho Lee is charged with 59 counts, mostly alleging he
transferred restricted files from secured to unsecure computers
and to computer tapes at Los Alamos National Laboratory.
Federal prosecutor George A. Stamboulidis told the judge
disclosing a particular foreign nation at this point might limit
the prosecution during trial.
"The defense is not entitled to the government's legal theories,"
Stamboulidis said, adding that Lee might not have decided which
foreign nation he might secure an advantage for at the time the
information was transferred. To state a particular country now
would "prematurely lock the government into one theory" and
exclude others, he argued.
Defense attorney Mark Holscher said he wasn't asking for specific
evidence, only for the government to say one word -- "PRC (China)
or Taiwan."
"These are not countries that are friendly with each other," he
said.
The prosecution still could amend its case later if it named a
country now, he said.
Holscher said the defense would have to go to whatever country is
alleged to be the beneficiary to interview scientists. In the
case of China, he said, that would take weeks if not months to
arrange.
"If you are going to say he intended to aid PRC, tell us. If
it's Taiwan, tell us," Holscher said.
Lee, a 60-year-old native of Taiwan, has been a U.S. citizen for
about 25 years.
Prosecutors do not allege he committed espionage or passed any
secrets to anybody. To convict, however, prosecutors must prove
he acted with intent to harm the United States or gain advantage
for another nation.
The defense also wants U.S. District Judge James Parker to
suppress evidence seized with a search warrant that they contend
was too broad. Among items seized from Lee's home, they have
said, were the collected short stories of Guy de Maupassant and
the plays of Tennessee Williams.
Defense attorneys have said they also hope to raise again the
no-bail order that has kept Lee jailed.
Lee was fired last year and arrested in December. He could spend
life in prison if convicted. He already has spent more than six
months in jail without bail. Trial is set Nov. 6.
The case grew out of an investigation into a suspected theft of
U.S. nuclear secrets by China, but prosecutors have said the
allegations against Lee are totally separate from the
investigation into the W-88, the United States' smallest, most
sophisticated nuclear warhead.
Since then, other security lapses have been uncovered at Los
Alamos.
As a forest fire burned toward Los Alamos last month, scientists
discovered two hard drives with secret nuclear weapons
information were missing. The fire ultimately burned more than
200 homes and nearly 40 temporary lab buildings, forcing the town
and lab to evacuate and delaying the search for the hard drives
by weeks. They were found June 16 behind a photocopying machine
at the lab.
Last week, two 10-year-old floppy discs were reported missing at
the lab as scientists, criticized in Congress for lax security,
mounted an intensive inventory of such hardware. The discs were
found a day later, attached to a paper report, and lab spokesman
Jim Danneskiold said they were obsolete and virtually unusable
anyway. Lab secrecy was not compromised, he said.
Danneskiold said the lab was itemizing all classified data in
response to the uproar over the disappearance of the hard drives.
A federal grand jury has been convened in New Mexico to look into
the disappearance of the hard drives, Energy Secretary Bill
Richardson told senators.
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Shalom, A Salaam Aleikum, and to all, A Good Day.
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