The Curious and Unfortunate Fate of Wen Ho Lee.

Without the big bad Russians to kick around any more, what is the U.S. military-industrial establishment to do? There must be somebody out there scary enough to drum up another $300 billion or so for preposterous defense schemes. Cuba? Pretty scary, you must admit, but with Castro getting a little long in the tooth and a population of only about 4 million of which 3.999 million are more interested in baseball and mariachi bands, there’s not much to muster there.

Well, hey, you don’t have to look too far. There’s the red devil himself, China, just sitting there with about two billion people, and a communist government.

Of course, China hasn’t even been able to scare Taiwan into submission yet, so first you’ve got to puff them up a little. What if they had nuclear bombs? Oh dear! Oh my! The Chinese with nuclear weapons! But how did they get nuclear weapons? They already had them? They must have stolen them from us! They must have been spying on us. They probably have spies everywhere. Just look around you. Just look at those scientists working at the Los Alamos Nuclear Research Laboratory. Hey… look at that guy....

This week, a U.S. District Judge, James Parker, apologized to Wen Ho Lee for the idiotic persecution of the 60-year-old Taiwan-born scientist for allegedly selling nuclear secrets to the Chinese. Attorney General Janet Reno– possibly the worst attorney general in the recent history of the United States– refused to say she was sorry. She said, in essence, that if only Mr. Lee had cooperated as he should have he never would have been in so much trouble. How nice to know that the chief law enforcement officer of the United States has officially pronounced that innocent citizens have no need to fear incarceration as long as they “cooperate”.

Not much is known any more about what really happened to start this mess, but it is clear that there was never any significant reason to believe that Lee had sold vital nuclear secrets to the Chinese. But prosecutors claimed that Lee had downloaded thousands of megabytes of information about nuclear weapons onto his laptop computer without permission. They figured he was ready to pack them all off to China.

Lee, and others who work in the field, immediately insisted that though downloading the files was technically against the rules at the Los Alamos Research Laboratory, “everybody did it”. Everybody did it, but not everybody looked Chinese.

Wen Ho Lee was the victim of a right-wing paranoid fantasy. Prosecutors and politicians chose Lee to bear the brunt of their irrational hysteria that somehow the Chinese were getting ready to take over the world. Chances are that many of the individuals involved in persecuting Mr. Lee actually thought he was born Chinese. After all, he had slanty eyes, didn’t he? I’d love to be able to lay this exclusively at the feet of the Republicans but the truth is that high officials at the Department of Energy and the Executive– eager to be more paranoid than thou when it came to military security– were at least equally responsible. Clinton, playing the centrist, did nothing to help Lee even though most sane observers were very quick to point out the absurdities in the prosecution’s case. Al Gore hasn’t said a single decent, respectable thing about the case. Bush would like to have you believe that he is so smart that all spies will be caught under his administration.

The Republicans, meanwhile, after encouraging the prosecution with their paranoid hysteria, are now trying to politicize the case by demanding an inquiry into the investigation!

Lee was held for 278 days in solitary confinement after being charged with 59 counts of espionage. The prosecution’s case fell apart when an FBI official named Robert Messemer admitted that he had distorted an interview he had with Lee. In other words, he lied— to a judge– about Lee’s responses to questions he had asked him before last December.

But even before Messemer’s confessions, reputable experts and analysts were insisting that none of the “secrets” Mr. Lee is alleged to have copied to his laptop computer were actually “secret”. In fact, virtually all of the information was already available in trade documents and on the internet.

As usual, grossly incompetent lawyers know how to protect themselves. They argue that Lee probably really is guilty, but they just can’t prove it. So while asserting, on the one hand, that he really did intend to sell “the crown jewels” of U.S. nuclear research to some other country– a capital offense– they admit that they have such a weak case that they will release him after time served already.

There is an ugly dynamic here. The prosecutors, possibly dimly aware of looking like idiots, are now desperate for any kind of vindication, no matter how meager. They got it with this perverse deal with Lee: he pleads guilty to a very minor charge, and they call off the hounds. This is called bullying, harassment, extortion, when it is performed by anyone but the police or the government or lawyers.

You can’t have it both ways. Either he’s guilty and you’re incompetent and you bungled the investigation, or he’s innocent and you are cold-blooded liars, as well as incompetent.

Clinton should do the right thing for a change. All the persons involved in persecuting Mr. Lee should be summarily dismissed. Mr. Lee’s good name should be cleared and he should be restored to his position at Los Alamos.

Last minute note: I just read that President Clinton did at least part of the right thing. He has chastised the Department of Justice for the way they handled the investigation and indicated that he believes Mr. Lee’s rights were violated. Meanwhile, Attorney-General Janet Reno continues to insist her department did nothing wrong. But then, Janet Reno’s initial claim to fame (and stepping stone into a political career) came from the dubious prosecution of a Satanic Ritual Abuse case in Florida in the 1980’s. And we all know what THAT was about….

More on Janet Reno’s colourful past.

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