The 10th Circuit Court of
Appeals in Denver stayed the release of Wen
Ho Lee by faxing a court order to the presiding judge minutes before
Lee's scheduled bail hearing. This is the latest of a series
of
unprecedented moves against the 60-year old Los Alamos scientist by
the
most powerful government in the world.
The extraordinary procedure
stunned Lee's defense team and surprised
the presiding district court judge, James Parker. "That's not
the way
the system is supposed to work," said John Cline, one of the defense
counsels.
The prosecution also alleged
to be surprised. "The government doesn't
play dirty pool," the lead prosecutor, George Stamboulidis said,
whose
office had, in fact, filed a request for the stay from the appellate
court in Denver without informing the defense or Judge Parker.
This is the same government
whose star witness, FBI agent Robert
Messemer, has had to steadily recant his earlier testimony under
cross-examination, causing Judge Parker to find Messemer a source of
false,
inaccurate testimony.
At the original bail hearing
in December, Messemer convinced Judge
Parker that in the interest of protecting the nation from nuclear
holocaust, it was necessary to hold Lee in shackles and in solitary
confinement. Since then, Messemer admitted under oath that he
made
numerous "honest mistakes."
Originally Messemer accused
Lee of not reporting his meeting with
Chinese officials on his officially sanctioned trip to China; defense
then produced a copy of Lee's trip report which listed the people he
met.
Messemer twice accused Lee
of lying to his colleague when he
downloaded some computer data. But the colleague testified that
Lee made
no such misrepresentation and Messemer had to backtrack.
It is now common knowledge
that Lee passed a lie detector test with
flying colors, the same test that FBI agents told Lee he had failed
and
would send him to the electric chair.
Messemer now pleads honest
mistakes, maintaining Lee was not
forthcoming. Less charitable assessment would say that Messemer
lied
repeatedly. By comparison, Dr. Lee displays a simple and naive
honesty
and forthrightness. Government disclaims dirty pool tactics but
treats
Lee worse than a convicted spy even as they keep scrounging around
for
lesser charges that might stick.
Amnesty International has
joined the American Civil Liberties Union,
American Physical Society, American Association for the Advancement
of
Science, Federation of American Scientists, New York Academy of
Scientists, and many more, condemning the U.S. for depriving Lee of
his
human rights, likening Lee's treatment to that which might be expected
from any despotic government.
The latest to protest the
handling of the Wen Ho Lee case is an open
letter to the Attorney General from the presidents of the National
Academy of Sciences, the National Academy of Engineering and the
Institute of Medicine. These are America's most prestigious bodies
of
their respective disciplines. The Attorney General ignored their
two
previous private letters seeking assurance about Leeís treatment.
In the open letter, the leaders
of the academies complain about the
"inaccurate and detrimental testimony by government officials" that
resulted in Lee "needlessly spending eight months in prison under harsh
and questionable conditions of confinement." The National Academy
presidents urge the Attorney General "to rectify any wrong to which
Dr.
Lee has been subjected" and hold accountable those responsible for
any
injustice he has suffered.
The government continues
to insist that Lee downloaded the "crown
jewels" of nuclear secrets. Dr. Harold Agnew, former lab director,
Dr.
John Richter, profiled by the Wall Street Journal as the nation's
foremost designer of nuclear bombs, and Dr. Walter Goad, Fellow Emeritus
at Los Alamos National Laboratory, all testified that the downloaded
data is
of marginal value to another country and in any case most of the
information is in the public record.
Defense seeks review of government
documentation they believe will
show the selective prosecution of Lee and that he is a victim of racial
profiling. The government defends their targeting Dr. Lee
when others
committing security infractions or worse have gone free. Judge
Parker has ordered the government to release the documents for Judge
Parker's review. The public may soon know the whole sordid truth.
Is
this worrying the prosecutors enough for them to resort to more desperate
deception?
Certainly the prestige of
the United States has been shredded by
their conduct of the Wen Ho Lee case. Why then is the government
insisting on maneuvers to prolong the judiciary process? Don't
they
realize their continued hounding of Lee will further erode global
leadership by the United States, wreak more havoc on our national
laboratories, and result in a weakened national defense?
Perhaps they reckon that
they have no more shame to lose but can
hope to
wear down the defense team and break Dr. Leeís spirit. If they
originally
hoped to grind Lee down to submission, the hope has been dashed by
a
resiliency from Lee they did not expect. So far, Lee's legal
team has
been equal to Lee's courage. However, the government can pit
its
infinite resources against the meager funds collected from Lee's
supporters.
There is only one public
response that will finally put an end to
this disgraceful chapter of U.S. history. And that is to strengthen
the
Wen Ho Lee defense fund.
If one percent of the people
of the United States are sufficiently
indignant to send one dollar to the defense fund, there would be a
new
infusion of more than $2.5 million to the rescue of Wen Ho Lee.
New contributions must support
the defense team at this critical
juncture. At the same time, the public indignation will be sending
a
message that the government will understand: We Americans won't stand
for
any more shenanigans. Restore Wen Ho Lee his rights and freedom.
Express your outrage and
send your check to:
Wen Ho Lee Defense Fund
P. O. Box 1663
Santa Monica, CA 90406-1663
(Contributions are not tax
deductible.)