[CTRL] Judge in Spy Case Says U.S. Must Name Nation Scientist Meant to Help

[Shane A. Saylor, Eccentric Bard]

June 27, 2000

Associated Press


ALBUQUERQUE, N.M. -- Prosecutors in the nuclear secrets case against Los
Alamos scientist Wen Ho Lee must disclose what nations they believe he
intended to help, a federal judge ruled Monday.

U.S. District Judge James Parker gave prosecutors until July 5 to provide
the information to Lee's lawyers. And he urged attorneys for both sides to
consider negotiating a plea agreement.

Prosecutor George A. Stamboulidis had argued that specifying a country at
this point would "prematurely lock the government into one theory" during
Mr. Lee's trial, which is expected to begin Nov. 6.

Defense attorney Mark Holscher said he wasn't asking for specific evidence,
only for the government to say one word -- "PRC [People's Republic of China]
or Taiwan." In a separate motion filed Sunday, Mr. Holscher alleged Mr. Lee
had been singled out for selective prosecution because he is "ethnic
Chinese."

Mr. Lee, a 60-year-old native of Taiwan who has been a U.S. citizen for
about 25 years, is charged with illegally transferring restricted files from
secured to unsecure computers and to computer tapes at Los Alamos National
Laboratory.

Prosecutors do not allege Mr. Lee committed espionage or passed any secrets
to anyone. To convict, however, they must prove he acted with intent to harm
the U.S. or gain advantage for another nation.

Mr. Stamboulidis had argued that Mr. Lee might not have decided which nation
he might help at the time the information was transferred. "The defense is
not entitled to the government's legal theories," the prosecutor said.

The judge asked both sides to consider negotiating the issue of releasing
Mr. Lee on bail and a plea. Judge Parker said he wants to know what both
sides think about having a senior judge mediate those issues.

Mr. Holscher said plea negotiations were "very much a long shot."

After the court hearing, he said, "We are going to, in good faith, meet with
a mediator if Judge Parker requests that we do that. We strongly believe
that Dr. Lee is not guilty of any charge in the indictment."

The judge also heard arguments on a defense request to throw out evidence
seized under a search warrant the defense contends was too broad. Among
items seized from Mr. Lee's home, defense attorneys said, were the collected
short stories of Guy de Maupassant and the plays of Tennessee Williams.

Judge Parker made no ruling on whether to suppress the evidence.

Defense attorneys also are seeking materials related to what they allege is
selective prosecution of Mr. Lee.

In a memorandum, they said Mr. Lee is the only person ever selected for
indictment under the Atomic Energy Act since it was passed in 1948. The memo
says the Justice Department has repeatedly declined to investigate or charge
people who may have compromised classified nuclear weapons information, and
that Mr. Lee's lawyers have a sworn deposition from a lab
counterintelligence official that the government targeted Mr. Lee "because
he is ethnic Chinese."

Judge Parker will hear arguments on that issue Aug. 15.

Mr. Lee was fired from the lab last year and was arrested and jailed in
December. He could get life in prison if convicted.

The case grew out of an investigation into a suspected theft of U.S. nuclear
secrets by China.

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
drives, which are believed to have disappeared in March from a vault in a
top-secret area, were found June 16 behind a copying machine in an area that
officials said had been thoroughly searched at least twice.

--
Everything on this earth has a purpose, and every disease an herb to
cure it, and every person a mission. This is the Indian theory of
existence. --Mourning Dove, 1888-1936

<A HREF="http://www.ctrl.org/">www.ctrl.org</A>
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance�not soap-boxing�please!  These are
sordid matters and 'conspiracy theory'�with its many half-truths, mis-
directions and outright frauds�is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:
http://peach.ease.lsoft.com/archives/ctrl.html
 <A HREF="http://peach.ease.lsoft.com/archives/ctrl.html">Archives of
[EMAIL PROTECTED]</A>

http:[EMAIL PROTECTED]/
 <A HREF="http:[EMAIL PROTECTED]/">ctrl</A>
========================================================================
To subscribe to Conspiracy Theory Research List[CTRL] send email:
SUBSCRIBE CTRL [to:] [EMAIL PROTECTED]

To UNsubscribe to Conspiracy Theory Research List[CTRL] send email:
SIGNOFF CTRL [to:] [EMAIL PROTECTED]

Om