Investigation and Treatment of WHL

http://fas.org/sgp/congress/2000/h101200.html

This is a very long Congressional Record, only a few exhibits have been reproduced below, emphasis have been added.

 Declaration of Robert Vrooman
I, Robert Vrooman, do hereby declare and state:
1. I have reviewed the government's response to Wen Ho
Lee's Motion for Discovery of Materials Related to Selective
Prosecution, including the attached Declaration of Special
Agent Robert Messemer. As set out below, Agent Messsemer's
declaration contains numerous false statements. Based on my
experiences with Agent Messemer and the information I have
received from other FBI agents, I believe that the regularly
distorts information.
2. I did not tell Agent Messemer that Lee probably assisted
the Chinese by helping fix Chinese hydrocodes during his
travel in 1986 and 1988. His allegation that I did so is
false. Our April 28, 1999 meeting focused on [approx, one
line deleted] and Agent Messemer's theory that there was
something inappropriate going on [words deleted]. I attended
that interview solely as a favor to John Browne, the director
of Los Alamos National Laboratory. When it was over, I told
Browne that I considered the interview strange, because it
had nothing to do with the Lee case. I later learned from
officials at the CIA that Agent Messemer was falsely
informing CIA officials that I had been critical [word(s)
deleted]. At the time, Agent Messemer was attempting to shift
blame to the CIA for possible fallout [words deleted]. I
sought to obtain a copy of Agency Messemer's memoranda of my
interview and to have it corrected. See Attachment one. The
FBI refused to provide me a copy of this memorandum, which I
expect contains false information.
3. Agent Messemer's statement that the individuals selected
for investigation was chosen because they fit "matrix''
based on access to W-88 information and travel to the PRC is
false. Dozens of individuals who share those characteristics
were not chosen for investigation. As I explained in my prior
declaration, it is my firm belief that the actual reason Dr.
Lee was selected for investigation was because he made a call
to another person who was under investigation in spite of the
fact that he assisted the FBI in this case. It is my opinion
that the failure to look at the rest of the population is
because Lee is ethnic Chinese.
4. Mr. Moore's contention that the Chinese target
ethnically Chinese individuals to the exclusion of others,
therefore making it rational to focus investigations on such
individuals was not borne out by our experience at Los
Alamos, which was the critical context for this
investigation. It was our experience that Chinese
intelligence officials contacted everyone from the
laboratories with a nuclear weapons background who visited
China for information, regardless of their ethnicity. I am
unaware of any empirical data that would support any
inference that an American citizen born in Taiwan would be
more likely than any other American citizen [deletion].
5. Of the twelve people ultimately chosen for the short
list on which the investigation focused, some had no access
at all to W-88 information, and one did not have a security
clearance, but this individuals is ethnically Chinese. I do
not believe this was a coincidence. Further, this ethnically
Chinese individual did not fall within the "matrix'' which
Agent Messemer claims was used by the DOE and FBI. In
addition, although there were other names on the HI list, Mr.
Trulock made clear that Dr. Lee was his primary suspect.
6. Agent Messemer deliberately mischaracterizes the nature
of my comments to him regarding my concerns about Dr. Lee's
travel to the PRC. I did consider it unusual that Dr. Lee had
not reported any contact by Chinese agents when I debriefed
him following his return from the PRC. I did not believe then
and I do not believe now that Dr. Lee engaged in espionage,
and I made no such intimation to Agent Messemer. Dr. Lee and
his wife Sylvia were both cooperating with FBI
investigations, and I considered them loyal Americans.
Nonetheless, I considered Dr. Lee naive, and therefore a
potential security risk. It was to keep Dr. Lee out of harm's
way, not because I had any fear that he might knowingly
engage in improper conduct, that I recommended against
further unescorted trips out of the country for Dr. Lee.
7. My concerns about the real motivation behind the
investigation were exacerbated when I received a classified
intelligence briefing from Dr. Thomas Cook, an intelligence
analysis at LANL, in September 1999. This briefing put to
rest any concerns that I may have had that Dr. Lee helped the
Chinese in any substantial manner.
8. In my capacity as a counterintelligence investigator at
LANL, I was brief on the existence of an investigation code-
named "Buffalo Slaughter'' some time in the late 1980s
involving a non-Chinese individual working at DOE laboratory
who transferred classified information to a foreign country.
That individual was granted full immunity in return for
agreeing to a full debriefing on the information that he
passed. [Approx. six lines deleted].
9. The statements contained in my Declaration dated June
22, 2000 are true and correct and I so attest.
I declare under penalty of perjury of the laws of the
United States that the foregoing

[[Page H9891]]

is true and correct. Executed August 10, 2000, at Gallatin
Gateway, Montana.
[signed]
                                            Robert Vrooman.


Amnesty International Protests Solitary Confinement, Shackling of Dr. Wen Ho Lee
  Washington, DC, Aug. 16, 2000.--Amnesty International, the
world's largest human rights organization, has written to
Attorney General Janet Reno to protest the conditions under
which Dr. Wen Ho Lee has been held in pre-trial federal
detention since December 1999.
  In the Aug. 4 letter, released as Judge James A. Parker
hears a renewed application for Dr. Lee's release on bail,
Amnesty International expressed concern at reports that Dr.
Lee has been held in particularly harsh conditions of
solitary confinement, and has been confined to his cell for
23 hours each day. According to reports, Dr. Lee has also
been shackled at the wrists, waist, and ankles while taking
exercise once or twice a week in a federal enclosure. Amnesty
International is insisting that the use of shackles be
immediately discontinued.
  These conditions are unnecessarily punitive and contravene
  international human rights standards, said Curt Goering,
Senior Deputy Executive Director of Amnesty International
USA. The use of shackles is extremely disturbing and is
  grossly inappropriate in the circumstances.
  Rule 33 of the United Nations (UN) Standard Minimum Rules
for the Treatment of Prisoners provides that restraints
should be used only when strictly as a precaution against
escape during transfer, on medical grounds on the direction
of the medical officer or to prevent damage or injury. The
rules also state that restraints should never be applied as
punishment and that chains or irons shall not be used as
restraints. The rules also provide that every prisoner
(including pre-trial detainees) should have at least one hour
of suitable exercise in the open air daily.
  Amnesty International believes that the overall conditions
  under which Dr. Lee is detained contravene international
  standards, which require that all persons deprived of their
liberty be treated humanely and with respect for their
inherent dignity. Amnesty International is urging the Justice
Department to urgently review Dr. Lee's conditions of
confinement and ensure that he is being treated in accordance
with international standards. Such steps should include
provision for adequate exercise and out-of-cell time and
reasonable contact with the outside world.



American Bar Association, Washington, DC, August 18, 1999.
Hon. Janet Reno,
Attorney General, U.S. Department of Justice, Washington, DC.
 Dear Ms. Reno: We are writing to express our deep concern
about recent accounts that race may have played a significant
factor in pursuing the investigation of Dr. Wen Ho Lee for
alleged espionage. While we do not condone acts of espionage
or any other illegal activity by any individual, we ask that
you ensure that race is not now a factor as you make
decisions regarding this and other investigations and
prosecutions involving security violations at Los Alamos and
other national laboratories.
 According to Senators Fred Thompson and Joseph Lieberman in
a statement issued on August 5, 1999, the Department of
 Energy and the Federal Bureau of Investigation had multiple
 suspects for leaks of nuclear warhead information and yet
 only two--Dr. Lee and his wife--were investigated. Because
the DOE and FBI investigators failed to look into the other
suspects "--that is, to assess whether these others were not
for some reason equally suspicious--meant that it was
impossible to be sure that the Lees really did stand out as
the prime suspects.'' (Thompson/Lieberman Report p. 18.) This
account is further buttressed by recent statements made by
Robert S. Vrooman, former chief of Counter-Intelligence at
the Los Alamos National Laboratory. Mr. Vrooman stated that
 Dr. Lee was targeted for investigation mainly because of his
 ethnicity, and that there is no evidence that Dr. Lee leaked
 secrets to China. Mr. Vrooman noted that at least 13
 Caucasian scientists from Los Alamos "who went to the same
 [physics] institute and visited the same people'' as Dr. Lee
 were left out of the investigation.

[[Page H9890]]

 Furthermore, both the Thompson/Lieberman Statement and Mr.
Vrooman noted that key technical information concerning
certain weapons, whose acquisition by the Chinese government
initiated the investigation of Mr. Lee, was available to
numerous government and military entities that could have
been the source of the leaked information.
 While we recognize that Mr. Vrooman's statements will be
subject to debate, we believe that it is important that you
verify that no "racial profiling'' occurred in this
investigation. Additionally, we would like to request a
meeting with you to discuss these issues. In the meantime, we
ask that as you continue your investigation of security leaks
at our national laboratories, you do so with a heightened
consideration for fairness.
     Sincerely,
Nancy Choy,
 Executive Director, National Asian Pacific American Bar Association.
Daphne Kwok,
 Executive Director, Organization of Chinese Americans.
Jin Sook Lee,
 Executive Director, Asian Pacific American Labor Alliance, AFL-CIO.
Jon Melegrito,
 Executive Director, National Federation of Filipino American Associations.
Debasish Mishra,
 Executive Director, India Abroad Center for Political Awareness.
Karen Narasaki,
 Executive Director, National Asian Pacific American Legal Consortium.

Vrooman's Congressional Testimony

http://www.fas.org/sgp/congress/2000/vrooman.html

Statement of
Robert S. Vrooman
before the
Senate Judiciary Subcommittee
on Administrative Oversight and the Courts

"A Continuation of Oversight of the Wen Ho Lee Case"
October 3, 2000
Chairman Specter and members of the committee, I am honored to have the opportunity to testify before this committee about the investigation of Dr. Wen Ho Lee.

In this opening statement I will address three issues, ethnic profiling, FBI and Los Alamos cooperation during the Kindred Spirit investigation and the 1994 FBI investigation of Dr. Lee.

Many people have questioned why the investigators into the original allegations of Chinese nuclear espionage failed to look beyond Los Alamos National Laboratory and Dr. Lee. Those asking this question include such distinguished people as former Senator Rudman, Senators Thompson and Lieberman and recently FBI Director Louis J. Freeh. It is my opinion that the Kindred Spirit investigators had a subtle bias that the perpetrator had to be ethnic Chinese. I base my opinion on their comments and actions prior to and during the investigation.

These comments include noting something nefarious about the number of Chinese restaurants in Los Alamos, the number of Chinese postdoctoral employees and suggesting that DOE should not allow ethnic Chinese to work on classified programs. In April 2000, a Los Alamos scientist who worked on intelligence programs wrote a letter to the employee news bulletin. He said, "While I was assigned to NIS-9, I supported, on a part time basis, the counterintelligence investigation into the alleged Chinese espionage at Los Alamos. Based on my experience and observations, I concluded that racial profiling of Asian-Americans as a result of the investigation indeed took place, but principally at the Department of Energy. Further, DOE personnel directed some Los Alamos National Laboratory staff to undertake research that profiled Asians and Asian-Americans at the Laboratory. I do not believe any of us were happy with this. I feel insulted, personally and professionally, that the DOE is seeking to spread the tarnish that belongs on it, by having the Weapons Complex undergo the mandatory diversity stand down by May 5th."

The author of the above letter is referring to a request from DOE Headquarters to Los Alamos and Livermore for a list of Chinese-Americans and the programs that they were working on. Both labs refused to provide such a list because the request was clearly in violation of EO 12333.

Director Freeh recently testified to a joint hearing of the Intelligence and Judiciary Committees that the FBI opened a case on Lee based on the DOE Administrative Inquiry which stated that "Wen Ho Lee appears to have the opportunity, means and motivation" to compromise the W-88 information. Director Freeh is correct that the DOE inquiry stated this, but I would like to add that every time Lee's motive was discussed it came down to his ethnicity. There was no other motive ever suggested.

I would also like to note that the DOE inquiry was flawed because Lee did not have ready access to all of the W-88/Mark 5-reentry system or another US system that was similarly compromised. He would seem at best to be only one source of the complete leak. The FBI, of course, had no way of knowing this unless the DOE inquiry was a complete and rigorous investigation.

In spite of our reservations about the Kindred Spirit investigation, we cooperated fully with the FBI in all subsequent investigations involving Dr. Lee. From the day the FBI informed us that they intended to conduct an investigation into Dr. Lee, FBI representatives expressed similar reservations about the Kindred Spirit analysis. In my opinion, the FBI should not have accepted this case until certain issues were resolved. I am willing to elaborate on these issues in closed session if the committee desires.

As a result of serious questions about the DOE inquiry, the FBI did not assign an agent to this case on a full-time basis. It was added to one agent's already full caseload. The failure to aggressively resolve the allegations against Dr. Lee was a great source of frustration to Los Alamos Director Sig Hecker and me. On February 14, 1997 I had an acrimonious meeting with the FBI counterintelligence squad chief in Albuquerque, and he agreed to assign an agent to the investigation on a full-time basis. After this occurred we saw some progress on the case including a FISA request.

On October 15, 1997 that agent told me that he was going to work on the Peter H. Lee case and requested Los Alamos' assistance in the investigation. Once again, we had no agent assigned full time to the Wen Ho Lee case. That was the situation when I retired from Los Alamos on March 13, 1998.

On February 23, 1994, during an officially approved six-person Chinese delegation to Los Alamos, Dr. Lee met with a member of the delegation. This meeting occurred in the presence of all of the US and Chinese participants, however, and was reported in writing to the FBI by a US participant This document is classified but available to the committee from the author.

I was not aware that this meeting resulted in a FBI investigation until Director Freeh testified to that on September 26, 2000. For the record, let me state that this investigation occurred without any request for assistance from Los Alamos. We were not aware of any FBI interest in Dr. Lee until July 3, 1996.

We should not lionize Dr. Lee. He has much to answer for. On the other hand, he was not treated fairly. There are many examples, but I am most disturbed by the leaking of the investigation, along with his name, to the media. This single act destroyed the integrity of the investigation as well as adversely impacting Dr. Lee. As a result of this, I doubt if we will ever solve the mystery of how the Chinese obtained US nuclear weapons secrets.

Finally I am concerned about the collateral damage from the Lee case, particularly the adverse impact it has had on our nuclear weapons labs. Former Senator Howard Baker and former Representative Lee Hamilton recently reported that the arbitrary security changes at the national labs has damaged morale, productivity and recruitment. In my opinion, this is all the more outrageous because the national labs have had and continue to have good security. If we look at what really counts, which are results not audits of paperwork and procedures, security at the labs has been better than all other government agencies. Results are reflected in the number of people in the last fifty years who were convicted, confessed to or fled the country to avoid prosecution for espionage. When we look at this by organization, the results reflect favorably on the DOE complex. We have two cases in the DOE and neither case involved the compromise of nuclear weapons information. During the same time period there were ten cases in the CIA, three in the FBI, seven in the NSA and over 80 in the DOD. When one considers that the DOE population is at least an order of magnitude larger than all but DOD, this record is impressive.

I believe that we must act quickly to repair the damage to our national labs so that the talent in the labs is available to meet the challenges of the 21st century.