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Location: UFOUpDatesList.Com > 2002 > Jan > Jan 3

Secrecy News -- 01/02/02

From: Steven Aftergood <saftergood@fas.org>
Date: Wed, 2 Jan 2002 14:52:41 -0500
Fwd Date: Thu, 03 Jan 2002 03:03:50 -0500
Subject: Secrecy News -- 01/02/02


SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2002, Issue No. 1
January 2, 2002


**	BUSH REJECTS INTELLIGENCE REPORTING REQUIREMENT
**	TRUTH ABOUT WEN HO LEE MAY "NEVER BE KNOWN"
**	PETER LEE ESPIONAGE CASE CRITIQUED
**	CHINA IN SPACE
**	AL-ZAWAHIRI'S "LAST WILL AND TESTAMENT"
**	UK RECORDS RELEASE ANNOUNCED
**	CONTROLS ON PRESIDENTIAL RECORDS DENOUNCED


BUSH REJECTS INTELLIGENCE REPORTING REQUIREMENT

In the latest assertion of executive branch predominance,
President Bush dismissed a provision in the FY 2002 intelligence
authorization bill that would require written reports to
Congress of "significant anticipated intelligence activities"
and "significant intelligence failures."

In a December 28 signing statement, the President said that the
new requirement "falls short of the standards of comity and
flexibility that should govern the relationship between the
executive and legislative branches on sensitive intelligence
matters...."

He said he would interpret the law "in a manner consistent with
the President's constitutional authority to withhold information
the disclosure of which could impair foreign relations, the
national security, the deliberative processes of the Executive,
or the performance of the Executive's constitutional duties."

See the President's statement here:

http://www.fas.org/irp/news/2001/12/wh122801.html

Intelligence community procedures for granting legislative
branch access to intelligence information are set forth in
Section 8.0 of Director of Central Intelligence Directive 1/19,
"Security Policy for Sensitive Compartmented Information and
Security Policy Manual":

http://www.fas.org/irp/offdocs/dcid1-19.html#leg


TRUTH ABOUT WEN HO LEE MAY "NEVER BE KNOWN"

A newly published Senate report on the Wen Ho Lee espionage case
found fault with all concerned and concluded that "the entire
truth will likely never be known."

"As a consequence of an inept investigation, the government has
lost the credibility to claim that its version of events is the
absolute truth," the report stated.

Moreover, "Some of the most controversial and misguided steps in
the case appear to have been motivated more by a desire to
protect the affected agency's image than the national security."

On the other hand, "Dr. Lee also lacks the credibility to tell
the definitive tale of this case: he repeatedly lied to
investigators, created his own personal nuclear weapons design
library without proper authority, copied nuclear secrets to an
unclassified computer system accessible from the Internet, and
passed up several opportunities to turn his tape collection over
to the government."

The report was prepared for the Subcommittee on Department of
Justice Oversight of the Senate Judiciary Committee.  It was
cleared for public release by the FBI on December 19 and entered
into the Congressional Record on December 20 by Sen. Arlen
Specter, who chaired the Subcommittee.

Unlike the "Bellows Report" on the Lee case, which was released
last month in heavily censored form, the Senate report
encompasses the full duration of the controversial case, up to
and including its conclusion in a September 2000 plea agreement.

While the report in large part duplicates what has been previously been
reported, it also includes some provocative new information and
analysis.

The new report provides the fullest account yet of Wen Ho Lee's
disputed December 1998 polygraph test, which he passed,
according to an Energy Department contractor, or did not pass,
according to the FBI.  Lee "definitely did not pass," the report
concludes somewhat peremptorily, finding that the questions
posed during the test were insufficiently precise.

The report also includes new details of Lee's nine-month
pre-trial confinement under arduous conditions and states that
the government's conduct of the case "raises questions as to
whether the harsh tactics were intended to coerce a confession."

Although Wen Ho Lee's "onerous" incarceration "has not been
adequately explained," the subcommittee took pains to rebut
allegations that the conduct of the case was motivated by racial
or ethnic bias.

Finally, the report speculates at length as to what might have
occurred if the Wen Ho Lee case had actually proceeded to trial.

"Although the government would likely have won a conviction
because many elements of the charged conduct were not disputed
-- Dr. Lee could not credibly deny that he had made the tapes
containing vast quantities of classified nuclear weapons data --
this would not have been an easy case," according to the report.

The "Report on the Government's Handling of the Investigation
and Prosecution of Dr. Wen Ho Lee" may be found here:

http://www.fas.org/irp/congress/2001_rpt/whl.html

The Bellows Report on the Wen Ho Lee case, as released in
declassified form, is now available in large PDF files on the
Justice Department web site here:

http://www.usdoj.gov/ag/readingroom/bellows.htm

Two new books on the case are to be published this month: Wen Ho
Lee's own "My Country Versus Me" and "A Convenient Spy" by
reporters Ian Hoffman and Dan Stober.

A federal appeals court on December 28 reinstated former
Department of Energy official Notra Trulock's claim that the FBI
illegally seized his computer files in retaliation for a
magazine article he wrote critical of the FBI's handling of
Chinese espionage.  See the decision here:

http://cryptome.org/trulock-v-fbi.htm


PETER LEE ESPIONAGE CASE CRITIQUED

Another Senate report that critiqued the investigation and
prosecution of Dr. Peter Lee was also released on December 20 by
Senator Arlen Specter.  Peter Lee confessed in 1997 to
transferring classified nuclear weapons information and
anti-submarine warfare information to China.

"Dr. Lee's confessed crimes caused serious harm to U.S. national
security, yet he was offered a plea bargain which resulted in a
sentence amounting to one year in a half-way house, 3,000 hours
of community service and a $20,000 fine," the Senate report
stated.

"Considering the magnitude of Dr. Lee's offenses and his failure
to adhere to the terms of the plea agreement which called for
complete cooperation and truthfulness, the interests of the
United States were not well served by this outcome," according
to the report.

The case is analyzed in detail in "Report on the Investigation
of Dr. Peter Lee," which may be found here:

http://www.fas.org/irp/congress/2001_rpt/peterlee.html


CHINA IN SPACE

"It won't be long before Chinese are walking on the moon,"
according to a December 3 article in Jiefangjun Bao, the
People's Liberation Army daily.

Under its latest Five Year Plan, China will undertake
"preliminary research on manned flight and lunar exploration,"
among a variety of other ambitious space programs.  See:

http://www.fas.org/spp/guide/china/bjb031201.html


AL-ZAWAHIRI'S "LAST WILL AND TESTAMENT"

The memoirs of Ayman al-Zawahiri, leader of Egyptian al-Jihad
and chief lieutenant to Osama bin Laden, were recently excerpted
and serialized in the London-based Arabic paper A-Sharq
Al-Awsat.

The volume, entitled "Knights Under the Prophet's Banner," is a
rather tiresome compendium of personal reminiscences and
exhortations to battle against the infidel. But it also provides
occasional insights into the fanatic mind.

The published excerpts, as translated by the CIA's Foreign
Broadcast Information Service, may be found here (under "Sources
and Resources"):

http://www.fas.org/irp/world/para/jihad.htm


UK RECORDS RELEASE ANNOUNCED

The British Government's Public Records Office announced its
annual unsealing of 30 year old records on January 1.

The meager highlights of the Public Records of 1971 are
described here:

http://www.pro.gov.uk/releases/nyo2002/default.htm


CONTROLS ON PRESIDENTIAL RECORDS DENOUNCED

The new Bush executive order that curtails public access to
presidential records was critically examined by historian
Stanley Kutler in a Chicago Tribune op-ed on January 2.

"If his action stands, Bush will have substantially shut down
historical research of recent presidents," wrote Kutler, who is
one of the plaintiffs in a pending lawsuit that seeks to
overturn the executive order.  See:

http://chicagotribune.com/features/lifestyle/chi-0201020122jan02.story


******************************
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

To SUBSCRIBE or UNSUBSCRIBE to Secrecy News, email your request
to <saftergood@fas.org>.

Secrecy News is archived at:

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_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web:    www.fas.org/sgp/index.html
email:  saftergood@fas.org
voice:  (202) 454-4691




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